Opinions on Promoting the Legal Counsel System and the Government and Corporate Lawyers System
Opinions on Promoting the Legal Counsel System and the Government and Corporate Lawyers System
Opinions on Promoting the Legal Counsel System and the Government and Corporate Lawyers System
June 16, 2016
In order to implement 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, actively promote the legal counsel system and the government and corporate lawyers system, and give full play to the role of legal counsels and government and corporate lawyers, opinions are hereby given as follows.
I. Guiding Ideology, Basic Principles and Objectives
1. Guiding ideology. Earnestly implement the spirit of the 18th CPC National Congress and the Third, Fourth and Fifth Plenary Sessions of the 18th CPC Central Committee, follow Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Development Concept, thoroughly study and implement the spirit of a series of important speeches given by the General Secretary Xi Jinping, unswervingly take the road of building the socialist rule of law with Chinese characteristics, actively promote the legal counsel system and the government and corporate lawyers system in line with the general situation of China as well as the law on construction of rule of law and working characteristics of legal counsels and lawyers, enhance the capacities of exercise of state power, administration of government, operation and management according to the law, and facilitate the handling of affairs in accordance with the law, so as to provide legal guarantees for the coordinated advance of the "Four-Pronged Comprehensive Strategy".
2. Basic principles. Pursue a correct political direction. Adhere to the Party's leadership and select legal professionals with high political quality and upholding the Party's theory, line, principles and policies to become legal counsels, government lawyers and corporate lawyers.
Insist on standard implementation by classification. Promote the legal counsel system and the government and corporate lawyers system in the Party and government agencies, mass organizations, state-owned enterprises and public institutions by classification based on actual conditions, specify policy guidance and basic requirements, encourage all regions, departments and entities to choose the organization form, working mode and management way in line with actual conditions by comprehensively considering the information on institutions and personnel and work needs and put them into practice in an active and steady manner.
Persist in the promotion under overall planning and with good connection. Focus on the general situation of constructing a work team responsible for the socialist rule of law, properly deal with the connection of legal counsels, government lawyers and corporate lawyers, and smooth the channels of communication between government and corporate lawyers and social lawyers, judges and prosecutors. Implement old measures for old personnel and new measures for new personnel. After the implementation of the unified national legal profession qualification system, the personnel from the Party and government agencies, mass organizations, state-owned enterprises or public institutions who intend to serve as a legal counsel shall have the legal profession qualification or lawyer qualification.
3. Objectives. By the end of 2017, all departments and commissions under the CPC Central Committee and state organs as well as all the Party and government agencies at and above the county level shall generally be staffed by legal counsels and government lawyers; Party committees and governments at the township level shall have legal counsels and government lawyers depending on their actual needs; state-owned enterprises shall further promote the legal counsel and corporate lawyer systems; and public institutions shall explore and establish the legal counsel system, so that the legal counsel, government lawyer and corporate lawyer systems with Chinese characteristics in line with the economic and social development as well as the needs in legal services will take shape completely by 2020.
II. Establish and Improve Legal Counsel and Government Lawyer Systems for Party and Government Agencies
4. Active efforts shall be made to promote the legal counsel system for the Party and government agencies and build a legal counsel team composed mainly of personnel from working bodies responsible for intra-Party laws and regulations or from government organs responsible for legislative affairs and with the participation of law experts and lawyers.
The working personnel who specialize in legal affairs of and external law experts and lawyers employed by the Party and government agencies may serve as legal counsels. Working bodies responsible for intra-Party laws and regulations and government organs responsible for legislative affairs play a role of legal counsel collectively.
5.
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June 16, 2016
In order to implement 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, actively promote the legal counsel system and the government and corporate lawyers system, and give full play to the role of legal counsels and government and corporate lawyers, opinions are hereby given as follows.
I. Guiding Ideology, Basic Principles and Objectives
1. Guiding ideology. Earnestly implement the spirit of the 18th CPC National Congress and the Third, Fourth and Fifth Plenary Sessions of the 18th CPC Central Committee, follow Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Development Concept, thoroughly study and implement the spirit of a series of important speeches given by the General Secretary Xi Jinping, unswervingly take the road of building the socialist rule of law with Chinese characteristics, actively promote the legal counsel system and the government and corporate lawyers system in line with the general situation of China as well as the law on construction of rule of law and working characteristics of legal counsels and lawyers, enhance the capacities of exercise of state power, administration of government, operation and management according to the law, and facilitate the handling of affairs in accordance with the law, so as to provide legal guarantees for the coordinated advance of the "Four-Pronged Comprehensive Strategy".
2. Basic principles. Pursue a correct political direction. Adhere to the Party's leadership and select legal professionals with high political quality and upholding the Party's theory, line, principles and policies to become legal counsels, government lawyers and corporate lawyers.
Insist on standard implementation by classification. Promote the legal counsel system and the government and corporate lawyers system in the Party and government agencies, mass organizations, state-owned enterprises and public institutions by classification based on actual conditions, specify policy guidance and basic requirements, encourage all regions, departments and entities to choose the organization form, working mode and management way in line with actual conditions by comprehensively considering the information on institutions and personnel and work needs and put them into practice in an active and steady manner.
Persist in the promotion under overall planning and with good connection. Focus on the general situation of constructing a work team responsible for the socialist rule of law, properly deal with the connection of legal counsels, government lawyers and corporate lawyers, and smooth the channels of communication between government and corporate lawyers and social lawyers, judges and prosecutors. Implement old measures for old personnel and new measures for new personnel. After the implementation of the unified national legal profession qualification system, the personnel from the Party and government agencies, mass organizations, state-owned enterprises or public institutions who intend to serve as a legal counsel shall have the legal profession qualification or lawyer qualification.
3. Objectives. By the end of 2017, all departments and commissions under the CPC Central Committee and state organs as well as all the Party and government agencies at and above the county level shall generally be staffed by legal counsels and government lawyers; Party committees and governments at the township level shall have legal counsels and government lawyers depending on their actual needs; state-owned enterprises shall further promote the legal counsel and corporate lawyer systems; and public institutions shall explore and establish the legal counsel system, so that the legal counsel, government lawyer and corporate lawyer systems with Chinese characteristics in line with the economic and social development as well as the needs in legal services will take shape completely by 2020.
II. Establish and Improve Legal Counsel and Government Lawyer Systems for Party and Government Agencies
4. Active efforts shall be made to promote the legal counsel system for the Party and government agencies and build a legal counsel team composed mainly of personnel from working bodies responsible for intra-Party laws and regulations or from government organs responsible for legislative affairs and with the participation of law experts and lawyers.
The working personnel who specialize in legal affairs of and external law experts and lawyers employed by the Party and government agencies may serve as legal counsels. Working bodies responsible for intra-Party laws and regulations and government organs responsible for legislative affairs play a role of legal counsel collectively.
5.
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