Hunan Provincial Government Legal Advisor Work Regulations

Article 1: In order to strengthen and standardize the work of government legal advisors, further promote administration according to law, and accelerate the construction of a law-based government, these regulations are formulated in accordance with relevant national and provincial regulations and in light of actual conditions. Article 2 These regulations shall apply to the people's governments at or above the county level in this province and their departments when carrying out government legal advisory work. Article 3 People's governments at or above the county level shall establish a government legal advisor system and improve the working mechanism of government legal advisors. The specific work shall be undertaken by the legal advisory agency of the people's government at the same level. Article 4 The legal affairs department of the people's government at or above the county level is the legal advisory body of the people's government at the same level. It is in charge of the legal advisory work of the people's government at the same level, is responsible for handling the legal affairs of the people's government at the same level, and guides the legal advisors of the people's government departments at the same level and the people's governments at lower levels. Work.

The legal affairs department of the people's government at or above the county level is the legal advisory body of the department. It undertakes the legal advisory work of large departments and is responsible for handling the legal affairs of the department. Article 5 People's governments at or above the county level and their departments shall establish a government legal advisory team composed mainly of staff of legal institutions and hired experts and lawyers. The legal agency staff in the government legal advisory team are full-time government legal advisors, and the hired experts and lawyers are part-time government legal advisors.

People's governments at or above the county level and their departments should strengthen the professional capacity building of the staff of their affiliated legal institutions. In the recruitment of legal agency staff, priority should be given to those with national legal professional qualifications or full-time law undergraduate degrees or above. . Article 6 People's governments at or above the county level may hire more than three experts and lawyers to serve as part-time government legal advisors based on work needs. People's government departments at or above the county level may hire more than one expert or lawyer to serve as part-time government legal advisors based on work needs. The appointment period of a part-time government legal adviser is one to two years, and the appointment can be renewed upon expiration.

Provincial, municipal and state people's government departments hire part-time government legal consultants, and they can also provide legal services to the organizations to which they belong or directly manage through contract agreement. People's governments at cities, prefectures, counties, and municipalities hire part-time government legal consultants, and can stipulate in contracts that they can also provide corresponding legal services to their subordinate departments and institutions, dispatched agencies, and township people's governments. Article 7 Government and departmental legal advisory agencies shall select part-time government legal advisors from qualified personnel based on the principles of openness, fairness, and competitive selection, and submit them to the people's government or department at the same level for approval.

Government and departmental legal advisory agencies can determine the conditions and procedures for legal agency staff to serve as full-time government legal advisors based on actual conditions, and organize their implementation. Article 8 Experts who serve as part-time government legal advisors shall meet the following basic conditions:

(1) Be loyal to the Constitution, abide by laws and regulations, and have good moral cultivation and professional ethics;

(2) ) Have the professional title of associate professor, associate researcher or above, and be engaged in legal teaching, legal research or legal practice;

(3) Have not received criminal punishment or disciplinary action.

In addition to meeting the conditions in item (1) of the preceding paragraph, lawyers who serve as part-time government legal advisers must also meet the following basic conditions:

(1) Have more than 5 years of practice experience, Have strong legal professional ability and have certain professional influence;

(2) Have not been subject to criminal punishment, administrative punishment from the judicial administrative department or punishment from the Lawyers Association. Article 9 When hiring a part-time government legal consultant, a service contract shall be signed to clarify the service scope, rights and obligations, working methods, employment period, payment of fees, liability for breach of contract, circumstances of dismissal, etc. of the part-time government legal consultant.

Part-time government legal advisers are not allowed to directly engage in the daily administrative work and administrative law enforcement activities of the government and departments. Article 10 People's governments at or above the county level and their departments shall guarantee the funds required to carry out government legal advisory work.

Government and departmental legal advisory agencies shall determine and pay reasonable remuneration based on the actual work of part-time government legal advisors. No remuneration shall be paid to those who do not provide actual legal services.

Article 11 When performing the duties of legal advisors, government and departmental legal advisory agencies may arrange for government legal advisors to provide the following legal services as needed:

(1) Participate in major issues in promoting administration according to law and building a government governed by law. (2) Provide legal consultation and argumentation opinions for major administrative decisions and important administrative actions; (3) Participate in the drafting of local regulations and rules, and provide government Provide legal advice and argumentation opinions on the preparation of legislative plans and review of the legality of important normative documents;

(4) Participate in the handling of administrative reconsideration, administrative litigation, and arbitration cases;

(5) Participation Negotiate government contracts, assist in drafting, reviewing, and revising government contracts or related legal documents;

(6) Participate in handling other government legal affairs. Article 12: Government legal advisers shall provide legal opinions in writing and shall be responsible for the legal opinions provided. Those who provide legal services by participating in relevant meetings or acting as agents in relevant legal affairs shall sign on the relevant meeting minutes and documents recording their legal opinions in accordance with the requirements of the government and departmental legal advisory agencies. Article 13: Government and departmental legal advisory agencies shall conduct a comprehensive analysis of the legal opinions and suggestions put forward by the government legal advisor, and on this basis provide handling opinions and submit them to the people's government or department at the same level.

If the people's governments at or above the county level and their departments adopt or refuse to adopt the legal opinions and suggestions provided by their legal advisory agencies, they shall provide feedback.