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| The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce and the Legislative Affairs Office of the State Council Issuing the Opinions on Developing the Foreign-Related Legal Service Industry | | 司法部、外交部、商务部、国务院法制办公室关于发展涉外法律服务业的意见 |
| (January 2017) | | （司发通[2016]136号 2016年12月30日） |
| Developing the foreign-related legal service industry is an important measure to establish a complete legal service system, advance the comprehensive rule of law, and promote all-around opening up. For the purposes of implementing in depth the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth, Sixth Plenary Sessions of the 18th CPC Central Committee, and vigorously advancing the development of China's foreign-related legal service industry, the following opinions are hereby offered. | | 发展涉外法律服务业是建设完备的法律服务体系、推进全面依法治国、促进全方位对外开放的重要举措。为深入贯彻落实党的十八大和十八届三中、四中、五中、六中全会精神，积极推进我国涉外法律服务业发展，现提出如下意见。 |
| I. The significance and necessity of developing the foreign-related legal service industry | | 一、发展涉外法律服务业的重要性和必要性 |
| Since the 18th CPC National Congress, under the leadership of the CPC Central Committee and the State Council, China's foreign-related legal service industry has witnessed a relatively rapid development, the foreign-related legal service team has been constantly growing, foreign-related service fields have been increasingly expanded, and the service quality has been improving step by step, which has played an important role in protecting the lawful rights and interests of Chinese citizens and legal persons abroad, and promoting opening up. Nevertheless, it shall be noted that there are still some problems and challenges facing the foreign-related legal service industry, mainly including: the working systems and mechanisms of the foreign-related legal service industry and relevant policy measures are incomplete, China's foreign-related legal service industry is not internationally competitive, and high-quality foreign-related legal service personnel are scarce. The Fourth Plenary Session of the 18th CPC Central Committee has made important arrangements and specific requirements for the development of the foreign-related legal service industry. As China enters the decisive stage in finishing building a moderately prosperous society in all respects, and opening up is challenged by new situation and tasks, the role of the foreign-related legal service industry in the comprehensive rule of law and social and economic development becomes more prominent. It is necessary to develop the foreign-related legal service industry to adapt to the progress of economic globalization, form a new opening up system, and respond to new challenges of safeguarding national security and stability. It is of great significance to enhance China's discourse power and influence in international legal affairs, and protect the lawful rights and interests of Chinese citizens and legal persons in foreign countries and foreign citizens and legal persons in China. Therefore, the development of the foreign-related legal service industry must be more highlighted, and effective measures shall be taken to strive to lift China's foreign-related legal service industry to a higher level. | | 党的十八大以来，在党中央、国务院的领导下，我国涉外法律服务业发展较快，涉外法律服务队伍不断壮大，涉外服务领域日益拓展，服务质量逐步提升，为维护我国公民、法人在海外正当权益、促进对外开放发挥了重要作用。但也要看到，当前涉外法律服务业仍然面临一些问题和挑战，主要表现在：涉外法律服务业的工作制度和机制还不完善，政策措施还不健全，我国涉外法律服务业的国际竞争力还不强，高素质涉外法律服务人才比较匮乏。党的十八届四中全会对发展涉外法律服务业作出了重要部署，提出了明确要求。随着我国全面建成小康社会进入决胜阶段，对外开放面临新形势新任务，涉外法律服务业在全面依法治国和经济社会发展中的作用更加显现。发展涉外法律服务业，是适应经济全球化进程、形成对外开放新体制、应对维护国家安全稳定新挑战的需要，对于增强我国在国际法律事务中的话语权和影响力，维护我国公民、法人在海外及外国公民、法人在我国的正当权益具有重要意义。因此，必须把发展涉外法律服务业摆在更加突出的位置，采取有效措施，努力把我国涉外法律服务业提高到一个更高水平。 |
| II. General requirements | | 二、总体要求 |
| (1) Guiding ideology. We shall comprehensively implement the spirit of the 18th CPC National Congress and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, be guided by the Deng Xiaoping Theory, the important thoughts of "Three Represents," and the Scientific Outlook on Development, implement in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping, closely center on the overall "five in one" plan for promoting all-round economic, political, cultural, social, and ecological progress and the strategic layout of "Four-Pronged Comprehensive Strategy," firmly develop and implement the new development concepts of innovation, coordination, greening, openness and sharing, establish and improve the foreign-related legal service working systems and mechanisms, strengthen the building of foreign-related legal service teams, advance the development of the foreign-related legal service industry, make efforts to form a new layout of the opening up strategy, and make new contributions to accomplishing the "Two Centenary Goals" and realizing the Chinese Dream of the great rejuvenation of Chinese nation. | | （一）指导思想。全面贯彻落实党的十八大和十八届三中、四中、五中、六中全会精神，以邓小平理论、“三个代表”重要思想、科学发展观为指导，深入贯彻习近平总书记系列重要讲话精神，紧紧围绕“五位一体”总体布局和“四个全面”战略布局，牢固树立并贯彻落实创新、协调、绿色、开放、共享的发展理念，建立健全涉外法律服务工作制度和机制，加强涉外法律服务队伍建设，推进涉外法律服务业发展，努力为形成对外开放战略新布局，为实现“两个一百年”奋斗目标和中华民族伟大复兴的中国梦作出新的贡献。 |
| (2) Basic principles | | （二）基本原则 |
| Adhering to serving the big picture. Centering on the central work of the Party and the state, the big picture of opening up and diplomacy shall be served, advantages shall be brought into full play, initiative actions shall be taken, and efforts shall be made to provide high-quality and efficient foreign-related legal services for promoting China's social and economic development. | | 坚持服务大局。围绕党和国家中心工作，服务对外开放大局，服务外交工作大局，发挥优势，主动作为，努力为促进我国经济社会发展提供优质高效的涉外法律服务。 |
| Adhering to innovative development. The new normal of the economy and the new pattern of opening up shall be voluntarily adapted to, the innovation on business, methods and modes, and management of foreign-related legal services shall be vigorously advanced, and the service carriers shall be constantly enriched, to improve the ability and level of foreign-related legal services. | | 坚持创新发展。主动适应经济新常态和对外开放新格局，积极推进涉外法律服务业务创新、方式方法创新和管理创新，不断丰富服务载体，提高涉外法律服务能力和水平。 |
| Adhering to overall planning and all-round consideration. The domestic and international big pictures shall be effectively kept in mind, the coordination between the speed, size and quality of the development of the foreign-related legal service industry and the development of the open economy shall be promoted, and the overall coordinated development of the foreign-related legal service industry shall be realized. | | 坚持统筹兼顾。统筹好国内和国际两个大局，促进涉外法律服务业发展的速度、规模、质量与开放型经济发展相协调，实现涉外法律服务业整体协调发展。 |
| Adhering to China's actual circumstances. Based on the actual circumstances of China and the legal service industry, the development pattern shall be followed, and full play shall be given to the role of the competent departments of the government, industry associations, and legal service institutions, so as to jointly advance the development of the foreign-related legal service industry. | | 坚持立足国情。从我国国情和法律服务业实际出发，遵循发展规律，充分发挥政府主管部门、行业协会和法律服务机构的作用，共同推进涉外法律服务业发展。 |
| (3) Main objectives. By 2020, the systems and mechanisms for the development of the foreign-related legal service industry will basically take shape and be improved, the foreign-related legal service fields will be effectively expanded, the service quality will be significantly improved, the service team will greatly grow, the international competitiveness will be significantly bettered, a high-quality foreign-related legal service team with a good understanding of international rules, international insight and perspective will be developed, and a group of foreign-related legal service institutions that are large in size, powerful in strength, and favorable in level of services will be established, so as to better serve social and economic development. | | （三）主要目标。到2020年，发展涉外法律服务业的制度和机制基本健全，涉外法律服务领域有效拓展，服务质量明显提升，服务队伍发展壮大，国际竞争力显著提高，建立一支通晓国际规则、具有世界眼光和国际视野的高素质涉外法律服务队伍，建设一批规模大、实力强、服务水平高的涉外法律服务机构，更好地服务经济社会发展。 |
| III. Main tasks | | 三、 |
| ．．．．．． | | ．．．．．． |
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