Opinions on Promoting the System of Legal Advisers and the System of Lawyers of Public Lawyers
To implement the spirit of the 18th CPC National Congress and the Third, Fourth and Fifth Plenary Sessions of the 18th CPC Central Committee , Actively promote the system of legal advisers and the system of public lawyers and corporate lawyers , Give full play to the role of legal adviser, public lawyer and company lawyer , The following opinions are put forward.
1、 Guiding ideology, basic principles, objectives and tasks
( one ) Guiding ideology. Conscientiously implement the spirit of the 18th CPC National Congress and the Third, Fourth and Fifth Plenary Sessions of the 18th CPC Central Committee , Guided by Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Outlook on Development , Deeply study and implement the spirit of General Secretary Xi Jinping's series of important speeches , Unswervingly follow the path of socialist rule of law with Chinese characteristics , Proceeding from China's national conditions , Follow the rule of law and the characteristics of the work of legal advisers and lawyers , Actively promote the system of legal advisers and the system of public lawyers and corporate lawyers , Improve the ability to govern, administer, operate and manage according to law , Promote law enforcement , To provide legal guarantee for the coordinated promotion of the "four comprehensive" strategic layout.
( two ) basic principle. Stick to the correct political direction. Adhere to the leadership of the Party , Select legal professionals with high political quality who support the Party's theories, lines, guidelines and policies to join the ranks of legal advisers, public lawyers and corporate lawyers.
Adhere to the implementation of classification standards. Proceed from reality , The system of legal counsel and the system of public lawyers and corporate lawyers should be implemented in the party and government organs, people's organizations, state-owned enterprises and institutions , Clarify policy guidance and basic requirements , Encourage all regions, departments and units to comprehensively consider institutions, personnel and work needs , Select the organization form, working mode and management mode that conform to the actual situation , Actively and steadily implement.
Adhere to overall planning, cohesion and promotion. Focusing on the overall situation of building a socialist legal team , Properly handle the connection between legal advisers, public lawyers and company lawyers , The communication channels between public lawyers, company lawyers and social lawyers, judges and prosecutors should be unblocked. Implement the old method for the old and the new method for the new , After the implementation of the national unified legal professional qualification system , The persons who plan to serve as legal advisers in Party and government organs, people's organizations, state-owned enterprises and institutions shall have the qualifications of legal profession or lawyers.
( three ) Target task. two thousand and seventeen Before the end of the year , Ministries and commissions of central and state organs , Legal advisers and public lawyers are generally set up in local party and government organs at or above the county level , Township Party committees and governments set up legal advisers and public lawyers as needed , State owned enterprises further promote the system of legal advisers and corporate lawyers , Public institutions explore the establishment of legal advisory system , reach two thousand and twenty In, a system of legal advisers, public lawyers, and corporate lawyers with Chinese characteristics was formed to meet the needs of economic and social development and legal services.
2、 Establish and improve the system of legal advisers and public lawyers in Party and government organs
( four ) Actively implement the system of legal advisers to party and government organs , Establish the inner party law and regulation work organization and government legal institution personnel as the main body , A team of legal advisers including legal experts and lawyers.
Staff specialized in legal affairs within the Party and government organs and legal experts and lawyers employed outside the organs , Can act as legal counsel. The Party's internal law and regulation work agencies and the government's legal institutions play the role of legal advisers in the name of the collective.
( five ) Persons who have served as legal advisers in the Party and government organs but have not obtained legal professional qualification or lawyer qualification , They can continue to perform their duties as legal advisers. After the implementation of the national unified legal professional qualification system , The personnel of the party and government organs who intend to act as legal advisers shall have the qualifications of legal profession or lawyers.
( six ) Local Party committees and governments at or above the county level, as well as working departments with more legal affairs, should be staffed with full-time personnel suitable for their work tasks as legal advisers; Local Party committees and government departments at or above the county level with less legal affairs can be staffed with part-time personnel to perform the duties of legal advisers. Township Party committees and governments can , Allocate full-time or part-time personnel to perform the duties of legal counsel.
( seven ) The legal adviser of the party and government organs shall perform the following duties :
one Providing legal advice for major decisions and administrative actions;
two Participate in the drafting and argumentation of draft laws and regulations, draft Party regulations and normative documents for review;
three Participate in the negotiation of cooperation projects , Assist in drafting and revising important legal documents or major contracts with the party and government organs as one party;
four Providing legal services for handling cases involving law and litigation, petition cases and major emergencies;
five Participate in the handling of administrative reconsideration, litigation, arbitration and other legal affairs;
six Other responsibilities stipulated by the party and government organs where they work.
( eight ) External legal advisers shall meet the following requirements :
one High political quality , Support the Party's theories, lines, principles and policies , Generally, they should be members of the Communist Party of China;
two Have good professional ethics and social responsibility;
three Legal experts with certain influence and experience in law teaching, law research, law practice and other fields , Or with five Lawyers with more than years of practice experience and strong professional ability;
four Strictly observe discipline and laws , No criminal punishment , A lawyer employed as a legal adviser shall not have been subjected to administrative punishment by the judicial administration department or disciplinary sanction by the lawyers association;
five Other conditions stipulated by the employment authority.
( nine ) External legal advisers shall be selected in an open, fair and impartial manner. Employed as legal counsel , The appointment authority shall issue the letter of appointment.
( ten ) External legal advisers enjoy the following rights during the performance of their duties as legal advisers :
one Based on facts and law , Put forward legal opinions;
two Obtain information, documents and other necessary working conditions related to the performance of duties;
three Obtain agreed remuneration and treatment for work;
four Other rights agreed with the employment authority.
( eleven ) External legal advisers shall undertake the following obligations during the performance of their duties as legal advisers :
one Observe confidentiality system , Do not disclose the secrets of the Party and the state, work secrets, trade secrets and other information that should not be disclosed , It is not allowed to disclose the work undertaken without authorization;
two Do not use non-public information or conveniences obtained during work , Seeking benefits for himself, his unit or others;
three They shall not engage in commercial activities and activities unrelated to their duties as legal advisers;
four Not accepting the entrustment of other parties , Handle legal affairs that have conflict of interest with the employing unit , The legal adviser has an interest in the business undertaken and may affect the fair performance of duties , Should avoid;
five Other obligations agreed with the employment authority.
( twelve ) Party committees and governments at the municipal, county and township levels can jointly hire external legal advisers , Provide services for the Party and government organs; The Party committee and the government can separately appoint external legal advisers , Provide services for the Party Committee, the government and their working departments.
( thirteen ) Party and government organs at all levels shall establish public lawyers in accordance with these Opinions. The public lawyer is a public official of the party and government organs who has obtained the certificate of public lawyer in accordance with the provisions of Articles 25 and 26 of these Opinions.
( fourteen ) The public lawyer performs the duties undertaken by the legal adviser of the party and government organs , Can be entrusted by the company , Engaged in legal services for lawyers on behalf of their units. In their practice activities, public lawyers enjoy the lawyer's practice rights of meeting, reading papers, investigating and collecting evidence, questioning, cross examination, debate, etc. as stipulated in the Lawyers Law , And other rights stipulated in the Lawyer Law.
( fifteen ) Public lawyers shall not engage in paid legal services , No part-time job in law firms and other legal service institutions , It is not allowed to handle litigation or non litigation legal affairs outside the unit where it works as a lawyer.
( sixteen ) Legal advisers and public lawyers of the Party and government organs neglect their duties and engage in malpractices for personal gain , Handle according to law and discipline; Belonging to external legal counsel , Dismissal , And recorded in the work file and personal integrity file of the legal adviser , Inform the Bar Association or the unit to which it belongs , Accountability shall be investigated according to law.
3、 Establish and improve the system of legal advisers and corporate lawyers for state-owned enterprises
( seventeen ) Wholly state-owned or holding enterprises in industry, commerce, finance, culture and other industries ( Hereinafter referred to as state-owned enterprises ) Internal staff specialized in enterprise legal affairs and external lawyers of the enterprise , Can act as legal counsel.
Persons who have served as legal advisers in state-owned enterprises but have not obtained legal professional qualification or lawyer qualification , They can continue to perform their duties as legal advisers. After the implementation of the national unified legal professional qualification system , Staff members of state-owned enterprises who intend to act as legal advisers or other external employees , Should have legal professional qualification or lawyer qualification , However, it is not allowed to hire current legal advisers from other state-owned enterprises. A few state-owned enterprises in remote areas are difficult to hire legal consultants with legal professional qualifications or lawyer qualifications , The current practice of employing legal advisers can be followed.
The auxiliary staff of the legal adviser may not have the qualification of legal profession or lawyer.
External legal counsel of state-owned enterprises shall be handled with reference to Articles 8, 9, 10 and 11 of these Opinions.
( eighteen ) State owned enterprises may, according to their size and business needs, set up legal affairs offices or equip or employ a certain number of legal advisers.
Large and medium-sized state-owned enterprises can set up general legal advisers , Give full play to the role of the General Counsel in the legal review and control of business management activities , Promote legal operation and compliance management of enterprises.
( nineteen ) The legal adviser of state-owned enterprises shall perform the following duties :
one Participate in the formulation of the articles of association and the operating rules of the board of directors;
two Legal review of important business decisions, rules and regulations, and contracts of the enterprise;
three Put forward legal opinions on major issues such as enterprise restructuring, mergers and acquisitions, listing, property rights transfer, bankruptcy reorganization, reconciliation and liquidation;
four Organize compliance management, risk management, intellectual property management, management of external lawyers, legal publicity, education and training, and legal consultation;
five Organize the handling of litigation and arbitration cases;
six Other responsibilities specified by the enterprise.
( twenty ) The legal adviser of state-owned enterprises shall be responsible for supervising the legality and compliance of enterprise operation and management , Put forward opinions on enterprises' violations of laws and regulations , Urge rectification. The legal adviser knows that the enterprise has violations of laws and regulations , Not warning or stopping , Take corresponding responsibilities.
( twenty-one ) State owned enterprises shall set up company lawyers as required. Company lawyers sign labor contracts with enterprises according to law , Employees who have obtained the lawyer certificate of the company in accordance with Articles 25 and 26 of this opinion.
( docosa- ) Corporate lawyers perform the duties of legal advisers of state-owned enterprises , Can be entrusted by the company , Engaged in legal services for lawyers on behalf of their units. In their practice activities, company lawyers have the right to meet, read papers, investigate and collect evidence, ask questions, cross examine evidence, debate and other aspects of lawyers' practice as stipulated in the Lawyers Law , And other rights stipulated in the Lawyer Law.
( tricosa- ) Company lawyers shall not engage in paid legal services , No part-time job in law firms and other legal service institutions , It is not allowed to handle litigation or non litigation legal affairs outside the unit where it works as a lawyer.
4、 Improve management system
( tetracosa- ) Intra party law and regulation work agencies, government legal institutions and legal affairs departments of state-owned enterprises , Respectively assume the responsibilities of the legal adviser office of the unit , Be responsible for the daily business management of the legal adviser, public lawyer and company lawyer of the unit , Assist in organizing the HR Department to select, hire, train, assess, reward and punish legal advisers, public lawyers and company lawyers , And review the staff who apply for the certificate of public lawyer and company lawyer.
( twenty-five ) Specializing in legal affairs in the Party and government organs or acting as legal counsel, and acting as legal counsel in state-owned enterprises , And has legal professional qualification or lawyer qualification , With the consent of the unit where he works, he may apply to the judicial administration department for the issuance of certificates of public lawyer and company lawyer. Reviewed , The applicant has legal professional qualification or lawyer qualification , The judicial administration department shall issue the certificates of public lawyer and company lawyer to them.
( hexacosa- ) Before the implementation of the national unified legal professional qualification system, persons who have served as legal advisers, have not obtained legal professional qualifications or lawyers' qualifications meet the following requirements , Having passed the examination of the judicial administration department under the State Council , The judicial administration department of the State Council shall issue the certificates of public lawyer and company lawyer to them :
one Served as legal adviser in party and government organs and state-owned enterprises fifteen Years;
two Bachelor degree or above in law from a university , Or a bachelor's degree or above in illegal studies in an institution of higher learning and a master's degree in law, a master's degree in law or above, or other corresponding degrees;
three Have a senior professional title or the same professional level.
( twenty-seven ) Public lawyer and company lawyer leave their original units , Can apply to become a social lawyer , His experience as a public lawyer or a company lawyer is included in his years of practice as a social lawyer. Serve as public lawyer and company lawyer in accordance with Article 26 of the Opinions , Applying to become a social lawyer , It shall comply with the relevant provisions of the national unified legal professional qualification system. Public lawyers and company lawyers are selected as judges or prosecutors in accordance with relevant procedures , In determining the grade of judges and prosecutors, the number of years and experience of working as public lawyers and company lawyers shall be taken into consideration.
( twenty-eight ) The Lawyers Association is responsible for the business exchange and guidance of public lawyers and company lawyers, the protection of lawyers' rights and interests, industry self-discipline and other work.
5、 Strengthen organizational leadership
( nonacosa ) The main responsible comrades of the Party and government organs act as the first person responsible for promoting the rule of law , We should conscientiously implement the system of legal advisers, public lawyers and corporate lawyers in our own departments and units in our own regions.
( thirty ) Party and government organs should give full play to the role of legal advisers and public lawyers in accordance with the following requirements :
one Before discussing and deciding on major issues , It shall listen to the legal opinions of legal advisers and public lawyers;
two Draft and demonstrate relevant laws, regulations and rules, intra party regulations and normative documents for review , Legal advisers and public lawyers should be invited to participate , Or listen to their legal opinions;
three Matters that should be listened to by legal advisers and public lawyers according to relevant regulations but not listened to , Or the legal adviser or public lawyer considers illegal or noncompliant , No discussion or decision shall be submitted.
Failing to listen to the legal opinions of legal advisers and public lawyers , Legal advisers and public lawyers should be invited to participate but not implemented , Should adopt the legal advice of legal counsel and public lawyer but not , Causing heavy losses or serious adverse effects , Investigate the responsibility of the main responsible person of the party and government organs, other responsible leaders and relevant responsible personnel according to law and regulations.
( Thirty-one ) State owned enterprises should give full play to the role of legal advisers and corporate lawyers in accordance with the following requirements :
one Before discussing and deciding on major business management issues , It shall listen to the legal opinions of legal advisers and company lawyers;
two Draft the articles of association, the operating rules of the board of directors, etc , Legal advisers and company lawyers should be invited to attend , Or listen to their legal opinions;
three Matters that should be listened to by legal counsel and company lawyers according to relevant regulations but are not listened to , Or the legal adviser or the company's lawyer believes that the matter is illegal or non compliant , No discussion or decision shall be submitted.
Failing to listen to the legal opinions of legal advisers and company lawyers , It should be submitted to the legal adviser and the company's lawyer for legal review but has not been implemented , Should adopt the legal advice of legal counsel and company lawyer but not , Causing heavy losses or serious adverse effects , The main responsible persons of state-owned enterprises, other responsible leaders and relevant responsible persons shall be investigated for their responsibilities according to law and regulations.
( thirty two ) Party and government organs at all levels should incorporate the work of legal advisers, public lawyers and corporate lawyers into the assessment of the target responsibility system of party and government organs and state-owned enterprises. Promote the construction of legal advisers, public lawyers and corporate lawyers , Improve the working mechanism and management methods of daily management, business training, examination, evaluation, award and punishment , Promote scientific and standardized work.
( Thirty-three ) Party and government organs should include funds for legal advisers and public lawyers in the financial budget , By means of government purchase or financial subsidy , Reasonably determine the remuneration of external legal counsel according to workload and work performance , Provide necessary guarantee for legal advisers and public lawyers to carry out their work.
( Thirty-four ) Local Party committees and governments at all levels above the county level, as well as education, health and other administrative departments should strengthen guidance, implement classified policies, focus on promotion and encourage exploration , We will step up the construction of the legal advisory system in public institutions.
( Thirty-five ) The people's organizations shall establish a system of legal advisers and public lawyers with reference to these Opinions.
( Thirty-six ) All regions and departments can combine the actual situation , Specific measures shall be formulated according to the Opinions.
