Visit the special practice road of public lawyers
□ One more duty and mission for public lawyers
□ Optimize the team structure and expand legal services
□ Ensuring legal protection for government decision-making
□ Improve the independent and targeted evaluation system
□ Cai Changchun, reporter of Legal Daily
The Vehicle Purchase Tax Law, which came into effect on July 1, this year, abolished the minimum taxable price regulation, clarifying the taxable price of taxpayers purchasing taxable vehicles for personal use, and the total price actually paid to sellers, excluding VAT taxes. .
As a public lawyer, Liu Hongxia, a public lawyer of the State Administration of Taxation of Hebei Provincial Taxation Bureau, actively advises on the construction of tax law. She has represented a tax authority in a vehicle purchase tax dispute case. After research, she found that the tax dispute caused by the minimum taxable value of the applicable vehicle purchase tax is not a case. Therefore, we took the initiative to provide effective feedback to the higher tax authorities.
At present, the development of China's lawyers is advancing by leaps and bounds, and the development of social lawyers has attracted much attention. However, public lawyers have been little known because of their special practice characteristics. How are public lawyers different from social lawyers? What is the current development status of this industry? "Legal System Daily" recently interviewed the heads of lawyers' management departments in Hebei, Guangdong, Jiangsu and other places and public lawyers, and listened to them talk about the development of the public lawyer industry.
Public lawyers are righteous
"The biggest difference between public lawyers and social lawyers is that public lawyers have one more identity, so they have an additional responsibility and mission." Liu Hongxia told reporters.
In 2013, the Hebei tax system began to implement the public lawyer system. It has been 7 years. Now there are 211 public lawyers in the province's tax system. Liu Hongxia is one of the earliest batches.
The "one more identity" in Liu Hongxia's mouth refers to the fact that public lawyers provide legal services as lawyers while performing public duties as public officials.
In the eyes of Lai Yihui, a public lawyer of a public law firm in Guangzhou, Guangdong Province, the biggest difference between a public lawyer and a social lawyer is this "public" word. "The public mind is first, serve the public with one heart, and serve the public." It is also determined by the dual status of public lawyers who are both public officials and practising lawyers.
"This means that public lawyers must not only be committed to the application of law, but also be good at reviewing departmental behavior through case handling, provide advice and suggestions for regulating departmental behavior and prevent legal risks, and promote the department to accelerate the process of rule of law through the driving force of endogenous change. "Liu Hongxia explained.
So, what are the specific duties of public lawyers?
Yang Yong, deputy director of the Attorney Work Management Division of the Guangdong Provincial Department of Justice, told reporters that according to relevant regulations, public lawyers can be entrusted or assigned by their units to provide legal opinions for their units or entrusted units to discuss and decide on major issues; participate in draft laws and regulations, Drafting and demonstrating drafts of draft laws and regulations and regulatory documents for the party; participating in negotiations on cooperative projects, external bidding, government procurement, etc., drafting, revising, and reviewing important legal documents or contracts and agreements. In addition, it can also participate in the work of receiving letters and visits, resolving conflicts, resolving cases involving law and lawsuits, handling emergencies, disclosing government information, and compensating for the state; participating in administrative rulings, administrative reconsiderations, and administrative litigations; participating in major law enforcement such as administrative penalties Decide on the legal review; participate in the publicity and education of the law; handle litigation, mediation, arbitration and other legal affairs in civil cases; undertake other legal affairs entrusted or assigned by the unit.
At present, the development of China's public lawyers team is progressing all the way, which can be seen from the relevant data of some provinces.
As of November 1, this year, Guangdong has a total of 4,465 public lawyers, which are widely distributed in party and government agencies and people's organizations. At present, Jiangsu has set up a total of 1,699 public lawyer management agencies and developed 3,419 public lawyers.
"Hebei has a total of 1,835 public lawyers, covering more than 80 departments such as public security, industry and commerce, labor unions, construction, planning, finance and taxation, and environmental protection." Gai Liang, deputy director of the lawyers' work management department of the Hebei Provincial Justice Department, told reporters.
Highly valued job
Liu Hongxia's efforts in promoting the legalization of taxation have been highly appraised by the Hebei national tax system.
"Public lawyers have played an increasingly prominent role in promoting the construction of tax administration in accordance with the law, helping to implement tax and fee reduction policies, and optimizing tax service measures, which have effectively promoted comprehensive administration in accordance with the law." Director of Policy and Regulations, Hebei Provincial Taxation Bureau, State Administration of Taxation Li Yasong told reporters.
According to Li Yasong, since the establishment of a public lawyers related system in Hebei tax system in 2013, there have been more than one thousand public lawyers involved in administrative reconsideration, administrative litigation, and trial of major cases, and a large number of tax-related disputes have been reasonably resolved according to law in accordance with the actual situation of the case; Drafting, demonstrating and reviewing the legality and compliance of the draft laws and regulations, drafts of regulatory documents, and other drafts of the system, nearly a thousand, have fully protected the legitimate rights and interests of counterparties.
"Public lawyers, as freshmen's professional legal service forces, have optimized the structure of the legal team and expanded the scope of legal services, which is a useful supplement to our legal team," said Zhong Hualin, a staff member of the lawyer's office of the Justice Department of Jiangsu Province.
In Zhong Hualin's opinion, public lawyers are thoughtful and effective think tanks around the leaders, which provides a strong legal guarantee for party and government leaders to make decisions according to law. It has milestones for comprehensively improving the level of government administration in the new era and advancing the process of rule of law. Meaning.
According to Zhong Hualin, in the first half of 2019, public lawyers across Jiangsu provided 997 legal opinions on major government decisions and major administrative actions, participated in the drafting and demonstration of normative documents for review and approval, and assisted in drafting and revising in the negotiation of cooperation projects. 1,056 important legal documents, etc., handled 2,077 cases such as administrative reconsideration, administrative litigation, and administrative mediation, which effectively played a role in promoting administration according to law, maintaining social stability, and building a government ruled by law.
"In 2018, Hebei public lawyers handled a total of more than 125,000 legal affairs." Gai Liang told reporters that practice has proven that public lawyers can give full play to the professional advantages familiar with the law and the professional advantages of their unit's business conditions, and better complete the government and Review and draft the regulations and regulatory documents of this department and enterprise, actively participate in administrative reconsideration, litigation and non-litigation legal affairs, arbitration and other work to resolve disputes effectively, properly handle dispute crises, and promote the rule of law and the government The process played a significant and positive role.
Development bottlenecks still need to be broken
Nowadays, the public lawyer industry has shown a good development trend, but there are also some problems that hinder the healthy development of the industry.
Lai Yihui noted that in recent years, although the total number of public lawyers has been on the rise, there is a general lack of awareness of the responsibilities and roles of public lawyers in society. Compared with social lawyers, especially external legal consultants, the lack of an independent and targeted evaluation and reward system in the system also has a certain impact on the long-term development of the public lawyers industry.
"Because public lawyers need to have a high level of legal literacy and professional literacy, to continuously update their knowledge and practice, it is urgent to establish a scientific and systematic training and use mechanism to resolve the contradiction between business needs and insufficient capabilities." Liu Hongxia added Say.
In addition to public lawyers themselves, industry managers have also noticed some current problems.
Gai Liang told reporters that compared with social lawyers, the current public awareness of public lawyers is still relatively low, which will undoubtedly have some impact on their sense of pride in practice. In addition, the participation of public lawyers in the legal affairs of their units remains at a shallow level, and the role needs to be further exerted. It is prominently reflected in the fact that public lawyers participate in specific legal affairs such as administrative litigation, administrative reconsideration, and government information disclosure. Provide less legal advice on matters.
"As to how public lawyers perform their duties, some units have not developed good assessment methods, which has affected the role of public lawyers to a certain extent." Zhong Hualin told reporters.
Strengthen the top-level design, increase the degree of emphasis; carry out business training to improve comprehensive capabilities; strengthen supervision and assessment, improve the incentive mechanism ... Everyone has made suggestions and suggestions on how to better break through bottlenecks and promote the healthy and long-term development of the public lawyers industry.
On September 1 this year, the "Implementation Measures of the Guangdong Provincial Department of Justice on the Administration of Public Lawyers" was officially implemented. Yang Yong told reporters that the measures further clarified the scope of application for public service lawyer certificates in Guangdong Province, assessment and public law firm regulations, clarified the legal status and rights and obligations of public service lawyers, rationalized the management system of public service lawyers, and effectively promoted public service. The healthy and lasting development of the lawyer industry.
Guangdong's exploration is not alone. Hebei, Jiangsu and other places also attach great importance to the development of the public lawyer industry.
"I believe that in the future, the public service lawyer industry will usher in more development space and contribute more wisdom to the progress of the rule of law in China." Scholars are convinced.