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The General Office of the Central Committee of the Communist Party of China and the General Office of the State Council Issuing the Opinions on Promoting the Legal Adviser System and the Government Lawyer and Corporate Lawyer System [Effective]
中共中央办公厅、国务院办公厅印发《关于推行法律顾问制度和公职律师公司律师制度的意见》 [现行有效]
【法宝引证码】

The General Office of the Central Committee of the Communist Party of China and the General Office of the State Council Issuing the Opinions on Promoting the Legal Adviser System and the Government Lawyer and Corporate Lawyer System 

中共中央办公厅、国务院办公厅印发《关于推行法律顾问制度和公职律师公司律师制度的意见》

(June16, 2016) (2016年6月16日)

For the purpose of implementing the spirit of the 18th National Congress of the Communist Party of China (CPC) and the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC Central Committee, vigorously promoting legal adviser system and government lawyer and corporate lawyer system, and allowing legal advisers, government lawyers and corporate lawyers to fully play their role, the following opinions are hereby offered: 为贯彻落实党的十八大和十八届三中、四中、五中全会精神,积极推行法律顾问制度和公职律师、公司律师制度,充分发挥法律顾问、公职律师、公司律师作用,现提出以下意见。
I. Guiding thought, basic principles, objectives and tasks   一、指导思想、基本原则和目标任务
(1) Guiding thought. By conscientiously implementing the 18th CPC National Congress and the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC Central Committee, guided by the Deng Xiaoping Theory, the important thoughts of “Three Represents” and the Scientific Outlook on Development, by studying and implementing in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping, by unswervingly adhering to the legal path of the socialism with Chinese characteristics, based on China's actuality, by following the pattern of legal construction and the characteristics of legal advisers and lawyers' work, the legal adviser system and the government lawyer and corporate lawyer system shall be vigorously promoted so as to improve the ability in exercise of state power by law, administration of government by law, business by law and management by law, promote business handling according to the law and provide legal guarantee to the coordinated development of the strategic arrangement of “Four Comprehensives.” (一)指导思想。认真贯彻落实党的十八大和十八届三中、四中、五中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神,坚定不移走中国特色社会主义法治道路,从我国国情出发,遵循法治建设规律和法律顾问、律师工作特点,积极推行法律顾问制度和公职律师、公司律师制度,提高依法执政、依法行政、依法经营、依法管理的能力水平,促进依法办事,为协调推进“四个全面”战略布局提供法治保障。
(2) Basic principles. Adhering to correct political directions. The CPC leadership shall be adhered to, and professional law talents with high political quality, upholding CPC theories, path and policies shall be selected for the legal adviser, government lawyer and corporate lawyer teams. (二)基本原则。坚持正确政治方向。坚持党的领导,选拔政治素质高、拥护党的理论和路线方针政策的法律专业人才进入法律顾问和公职律师、公司律师队伍。
Adhering to the implementation of categorized regulation. Based on the actuality, the legal adviser system and the government lawyer and corporate lawyer system shall be promoted by category in CPC and government departments, the people's groups, and state-owned enterprises and public institutions, the policy orientation and basic requirement shall be specified, and all regions, all departments and all entities shall be encouraged to, in comprehensive consideration of the need of institutions, personnel and work, choose organizational forms, work modes and management modes in conformity with actuality, and vigorously and steadily conduct the implementation. 坚持分类规范实施。从实际出发,在党政机关、人民团体、国有企事业单位分类推行法律顾问制度和公职律师、公司律师制度,明确政策导向和基本要求,鼓励各地区各部门各单位综合考虑机构、人员情况和工作需要,选择符合实际的组织形式、工作模式和管理方式,积极稳妥实施。
Adhering to the overall arrangement, connection and advancement. By focusing on the overall development of the socialist legal affairs team, the connection between legal advisers and government lawyers as well as corporate lawyers shall be handled effectively, and the communication channel between government lawyers, corporate lawyers and private lawyers, judges, as well as public procurators shall remain unimpeded. The grandfather clause shall apply, and upon the implementation of the unified national legal profession qualification system, persons to act as legal advisers at CPC and government departments, the people's groups, and state-owned enterprises and institutions shall have legal profession qualification or lawyer qualification. 坚持统筹衔接推进。着眼于社会主义法治工作队伍建设大局,处理好法律顾问与公职律师、公司律师之间的衔接,畅通公职律师、公司律师与社会律师、法官、检察官之间的交流渠道。实行老人老办法、新人新办法,国家统一法律职业资格制度实施后,党政机关、人民团体、国有企事业单位拟担任法律顾问的人员应当具有法律职业资格或者律师资格。
(3) Objectives and tasks. Prior to the end of 2017, all departments and commissions of the CPC Central Committee and the state authorities, and local CPC and government departments at and above the county levels shall universally establish positions of legal advisers and government lawyers, the township CPC committees and governments shall, based on their need, establish positions of legal advisers and government lawyers, state-owned enterprises shall advance in depth the legal adviser and corporate lawyer systems, and public institutions shall research and establish a legal adviser system, so that by 2020 the legal adviser, government lawyer and corporate lawyer systems with Chinese characteristics, suitable for the need of social and economic development and legal services shall be comprehensively established. (三)目标任务。2017年底前,中央和国家机关各部委,县级以上地方各级党政机关普遍设立法律顾问、公职律师,乡镇党委和政府根据需要设立法律顾问、公职律师,国有企业深入推进法律顾问、公司律师制度,事业单位探索建立法律顾问制度,到2020年全面形成与经济社会发展和法律服务需求相适应的中国特色法律顾问、公职律师、公司律师制度体系。
II. Establishing and improving the legal adviser and government lawyer systems of the CPC and government departments 好饿但是不想动  二、建立健全党政机关法律顾问、公职律师制度
(4) Vigorously promoting the legal adviser system in the CPC and government departments, and establishing a legal adviser team mainly consisting of personnel of CPC's regulations institutions and government legal institutions, and including law experts and lawyers. (四)积极推行党政机关法律顾问制度,建立以党内法规工作机构、政府法制机构人员为主体,吸收法学专家和律师参加的法律顾问队伍。
Functionaries engaging in legal affairs within CPC and government departments, and law experts and lawyers externally employed by those departments, may act as legal advisers. The regulations affairs institutions within CPC and the government legal institutions shall play the role as legal advisers in the name of collectives. 党政机关内部专门从事法律事务的工作人员和机关外聘的法学专家、律师,可以担任法律顾问。党内法规工作机构、政府法制机构以集体名义发挥法律顾问作用。
(5) Where a person acts as a legal adviser at the CPC or government department, but has not obtained any legal profession qualification or lawyer qualification, he may continue performing the duties as a legal adviser. Upon the implementation of the unified national legal profession qualification system, persons planning to act as legal advisers at CPC and government departments shall have legal profession qualification or lawyer qualification. (五)在党政机关已担任法律顾问但未取得法律职业资格或者律师资格的人员,可以继续履行法律顾问职责。国家统一法律职业资格制度实施后,党政机关拟担任法律顾问的人员应当具有法律职业资格或者律师资格。
(6) The local CPC committees and governments at or above the county level, and departments with relatively more legal affairs, shall assign full-time personnel suitable for work tasks to act as legal advisers; local CPC committees and government departments at or above the county level with relatively fewer legal affairs may assign part-time personnel to perform the duties of legal advisers. The township CPC committees and governments may, based on the need of their work, assign full-time or part-time personnel to perform the duties of legal advisers. (六)县级以上地方党委和政府以及法律事务较多的工作部门应当配备与工作任务相适应的专职人员担任法律顾问;法律事务较少的县级以上地方党委和政府工作部门可以配备兼职人员履行法律顾问职责。乡镇党委和政府可以根据工作需要,配备专职或者兼职人员履行法律顾问职责。
(7) The legal advisers of CPC and government departments shall perform the following duties: (七)党政机关法律顾问履行下列职责:
i. offering legal opinions on significant decision making and significant administrative acts; 1.为重大决策、重大行政行为提供法律意见;
ii. participating in the drafting and argumentation of draft laws, regulations and rules, draft CPC regulations and regulatory documents to be submitted for review; 2.参与法律法规规章草案、党内法规草案和规范性文件送审稿的起草、论证;
iii. participating in the negotiation of cooperation programs, and assisting in drafting or amending important legal instruments or significant contracts with any CPC or government department as one party; 3.参与合作项目的洽谈,协助起草、修改重要的法律文书或者以党政机关为一方当事人的重大合同;
iv. providing legal services for the handling of cases involving laws or lawsuits, public complaint cases and significant emergencies; 4.为处置涉法涉诉案件、信访案件和重大突发事件等提供法律服务;
v. participating in the handling of administrative reconsideration, lawsuit, arbitration, and other legal affairs; and 5.参与处理行政复议、诉讼、仲裁等法律事务;
vi. other duties prescribed by CPC and government departments the legal adviser work with. 6.所在党政机关规定的其他职责。
(8) A recruited legal adviser shall meet the following conditions: (八)外聘法律顾问应当具备下列条件:
i. high political quality, upholding CPC theories, path and policies, and generally a CPC member; 1.政治素质高,拥护党的理论和路线方针政策,一般应当是中国共产党党员;
ii. good professional ethics and sense of social responsibility; 2.具有良好职业道德和社会责任感;
iii. law expert with certain influence and experience in law teaching, law research, law practice and other fields he engages in, or lawyer with 5 years of law practice experience and relative better professional competence; 3.在所从事的法学教学、法学研究、法律实践等领域具有一定影响和经验的法学专家,或者具有5年以上执业经验、专业能力较强的律师;
iv. strict observation of laws and disciplines, no record of criminal punishment, and, in the case of a lawyer to be employed as a legal adviser, no record of administrative punishment by the administrative department of justice or trade penalty by lawyers' association; and 4.严格遵纪守法,未受过刑事处罚,受聘担任法律顾问的律师还应当未受过司法行政部门的行政处罚或者律师协会的行业处分;
v. other requirements prescribed by the employer. 5.聘任机关规定的其他条件。
(9) An externally employed legal adviser shall be selected by open, fair and impartial means. The employed legal adviser shall be granted a letter of appointment by the employer. (九)外聘法律顾问应当通过公开、公平、公正的方式遴选。被聘为法律顾问的,由聘任机关发放聘书。
(10) An externally employed legal adviser shall, during his office, have the following rights: (十)外聘法律顾问在履行法律顾问职责期间享有下列权利:
i. offering legal opinions based on facts and laws; 1.依据事实和法律,提出法律意见;
ii. acquiring information, documents, files and other necessary working conditions relating to his performance of duties; 2.获得与履行职责相关的信息资料、文件和其他必需的工作条件;
iii. acquiring job remuneration and benefits as agreed on; and 3.获得约定的工作报酬和待遇;
iv. other rights as agreed on with the employer. 4.与聘任机关约定的其他权利。
(11) An externally employed legal adviser shall, during his office, undertake the following obligations: (十一)外聘法律顾问在履行法律顾问职责期间承担下列义务:
i. observing confidentiality rules, no leakage of CPC and state secrets, work secrets, business secrets or other information which shall not be disclosed, and no disclosure of the job details he undertakes without authorization;
......
 1.遵守保密制度,不得泄漏党和国家的秘密、工作秘密、商业秘密以及其他不应公开的信息,不得擅自对外透露所承担的工作内容;
......

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