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Mechanism of perfect government counsel, optimize counsel team composition, counsel of government of ability guiding support shares a government effectively decision-making. 15 years ago, yunnan saves autonomous prefecture of Miao Zu of article hill Chuang to begin to recruit governmental counsel, from deserve to rise to be used, arrive to rise completely again, article hill city is optimized ceaselessly anthology hire a system, increase devoted strength, raised governmental job law to change a standard.
"Appearing when paroxysmal case, the net makes an appointment with car platform company to should offer fixed position of number of the person that take a car, driver, plate, car in time to wait to investigation mechanism trade order detail, assist branch of powers and authorities of office actively to prevent the happening of criminal case. " the proposal that sees oneself appears finally in the government in relevant file, sun Jianwen of lawyer of director of office of attorney of letter of day of counsel of government of autonomous prefecture of Miao Zu of Chuang of hill of Yunnan province article, Yunnan is very glad.
The government is great and decision-making do lawful sex to examine first, savor of article hill city the benefit of governmental counsel system.
Match adviser, is effect big?
Anthology hire different domain adviser, counsel must seek advice before the government is great and decision-making
"At the beginning of the autograph is made an appointment with, be opposite actually whether influence government does not have a bottom in decision-making heart, can look now, governmental counsel helped a government reduce legal risk really. " Sun Jianwen says.
Article hill city begins to recruit governmental counsel since 2005, 2017 city, county (city) people government and its job section build counsel system generally. Come ten years, from deserve to rise to be used, arrive to rise completely again, work of counsel of government of article hill state is realer and realer.
Current, the chairman lawyer of place of law of this locality of 5 the chairman lawyer that government of article hill state engaged office of two Kunming attorney, Wen Shan, and the counsel that a professor of Yunnan university law regards a city as the government. Zhang Chunlin of deputy director general of bureau of administration of justice of article hill state says, counsel of government of article hill state faces complete province to undertake choosing hiring. "Consider academic level already, also consider solid Wu ability, choose the adviser outside hiring partial city as far as possible at the same time, those who be is to be able to reduce interest handicap, offer legal opinion independently. Offer legal opinion independently..
Better to help counsel walk on duty, the member that article hill city established special counsel contact, build case ahead of schedule ask mechanism. When involving more complex matter every time, contact member can serve law case to send counsel, and the opinion that counsel replies also can do to study redo thinks technically by legal system.
"The research way of different and advisory main attack is different also, which general affairs asks which counsel, also have knowledge actually. " Zhang Chunlin says, "From complete province limits choosing hired counsel to expand to choose Ren Fan to surround, the level has safeguard; General affairs of a few everyday law seeks advice, this locality lawyer is more convenience. This locality lawyer is more convenience..
Though be advisory, can be in article hill city, governmental counsel is to ask not only, more depend on shifting to an earlier date the intellective support of one pace. "The government is great and decision-making going up before standing meeting, can do lawful sex to examine by counsel. " office of government of article hill state does sea of Zhao Ren of deputy section chief of grammatical regulation division to tell a reporter, advisory counsel opinion has become government of article hill state great and decision-making surely classics program.
"Governmental counsel more is to assist governmental identifying risk, management venture, the risk control is inside the range that can forecast, because this is advisory the job is perforative each link, conduce to raise a government lawfully administrative ability and level. " Lian Gaopeng of solicitor of office of 8 modest attorney says Yunnan.
Enclothe completely, is funds enough?
Increase a government to purchase a service, exploration with case fill surely, fill surely with the thing
Savor the benefit of counsel system, article hill city plans to be in city, county (city) people government and its job section build counsel system base generally, to 2020 mechanism of Party committee of implementation entire state, National People's Congress, government, the Chinese People's Political Consultative Conference is reached mass organization, state-owned enterprise or business the unit builds counsel system in the round, implementation counsel is enclothed completely.
According to statistic, at present only various government unit retains article hill administrative division counsel 296 people, pay funds every year six million and ninety-eight thousand five hundred yuan. The counsel that should realize entire administrative division is enclothed completely, is funds enough?
With Wen Shan the city is wide south the county is exemple, this county already realized counsel of Party committee of prefectural home village or town, government organization, institution to be enclothed completely. Wide south director of prefectural judicatory bureau phlogistic this world says, current, wide south counsel adopts the county the way that the government purchases a service, retained 26 lawyers of 5 attorneys office formally, hold the position of entire county respectively Party and goverment officials, institution, mass organization, countryside (town) Party committee government in all the counsel of 77 units.
Begin smoothly for what safeguard counsel works, wide south bring into counsel funds finance budget, arrange 1.425 million yuan of funds every year.
However, bring into counsel funds finance special estimated the place is not much, funds throws inadequacy, what counsel works is restrict to begin on certain level. "At present cost of great majority counsel still does not have special funds safeguard, a lot of units are in office funds the row is raised. " Introduction Zhang Chunlin.
On the other hand, with case fill surely, the funds safeguard mechanism that fills surely with the thing also is in exploration. Article hill city sets, law of great inside processing government limits experience, experience tells counsel, when social contradiction dispute and group sex incident or case, participate in investigation, mediation, offer law to seek advice, should offer corresponding subsidy. This conduces to the enthusiasm that increases counsel to participate in.
"Actually, opposite at expended time energy, governmental counsel pay is not high, but conduce to familiar government on one hand relevant provision, enlarge intellectual range and deepness; Also can offer jural professional proposal to the city is built and developing on the other hand, achievement feels very tall. " Yunnan builds Zhang Hui of lawyer of director of wide attorney office to say.
To this, zhao Ren Hai thinks, will increase a government to buy law to serve strength henceforth, proposal buy law to serve charge to bring into year to be the same as class finance special budget, "Want to strengthen the funds safeguard that participates in experience law experience to accuse the letter is visited to the lawyer especially.
Promote quality, is assessment rigorous?
Perfect system of evaluation carry out duty, work more little different
"Counsel of departmental door government develops action circumstance to agree not completely. " phlogistic this world says frankly, "Sense of law of partial section, villages and towns is not quite strong, the consciousness of advisory counsel is insufficient; Partial lawyer ' mechanical ' walk on duty, say only ' not ' , very few and specific point out how ' do ' . Very few and specific point out how ' do ' ..
"Sometimes the data that we can provide with respect to service unit only gives out advisory opinion, affected the maneuverability that law suggests. " Zhang Hui suggests, aggrandizement government counsel is participated in to great and decision-making whole journey, can raise counsel to walk on duty level.
Actually, besides won't use, the circumstance that partial unit abuses exists likewise, some also asks the item inside oneself duty limits to counsel will assume even. "Governmental counsel should make good agreement with service unit beforehand already, what to make clear to belong to the business category of counsel, in also wanting to enhance a responsibility, communicate, ceaseless promotion law serves quality. " Lian Gaopeng says.
Promotion counsel serves quality, work more little ought not to an appearance. What counsel of government of state of eye preamble hill adopts is appoint to a position make, every counsel is annual 30 thousand yuan of pay, among them 20 thousand yuan serve cost as the foundation, 10 thousand yuan serve as performance. According to assessment method, counsel job assesses fundamental cent to be 80 minutes, year assesses total cent to be 100 minutes, according to buckle cent and success of job of assess of the project that add cent. Counsel year assesses those who be asymmetry duty, do not grant to pay main job reward; Year assessment is competent and outstanding, pay main job reward.
"The year that counsel decides every year by December assesses a result, assessment is hired as counsel add as a result, dismiss and the important basis that pay reward. " Introduction Zhang Chunlin, the basis examines way, issued written law opinion violates counsel or buckle 2 minutes apparently undeserved; Meanwhile, accept city people government to make the work of legislation of great, difficulty that do, processing effect is good, form good society to affect, add 4 minutes... these specific standards are better stimulative counsel walk on duty.
"Besides year assessment, examine what will not still should strengthen governmental counsel daily and performance assessment, exploration builds counsel filing system, execute assessment of whole process performance. " Zhang Chunlin says. (before Yang Wenming Xu)
" People's Daily " (on July 14, 2020 the 11st edition)