Organizations authorized by law, administrative committees of various development zones (parks) and sub-district offices shall carry out legal advisory work with reference to these Provisions. Article 3 The legal institution of the people's government at or above the county level is the legal advisory institution of the people's government at the corresponding level, in charge of legal advisory work and handling legal affairs.
The legal institution of a government department or the institution responsible for legal work is the legal advisory institution of the department and undertakes the legal advisory work of the department.
The legal advisory body shall be equipped with staff suitable for the work and perform relevant duties.
Township (town) people's governments and sub-district offices shall be equipped with full-time and part-time staff to handle relevant legal affairs. Article 4 People's governments and government departments at all levels shall establish and improve the legal consultant system, improve the working mechanism, provide guarantee for performing their duties, and include special funds such as the remuneration of legal consultants and the working funds of legal advisory institutions in the financial budget. Article 5 Legal advisory work shall be faithful to facts and laws, and adhere to the principles of preventing legal risks in advance, legal control in the process and legal relief afterwards. Article 6 People's governments and government departments at or above the county level shall establish a team of legal advisers with legal personnel as the main body and legal experts, lawyers and other legal experts as participants. Article 7 A legal adviser shall meet the following conditions:
Be loyal to the Constitution and abide by laws and regulations;
(2) Having high ideological and political quality and professional ethics;
(3) Having strong legal professional ability;
(4) Having certain popularity and professional influence;
(5) Having not received criminal punishment;
(six) other conditions stipulated by the employment agency.
A lawyer employed as a legal adviser shall have more than 5 years' practice experience and shall not be subject to administrative punishment by the competent department or disciplinary action by the trade association.
Personnel of legal institutions and other legal experts serving as legal advisers shall meet the qualifications prescribed by the state. Article 8 When hiring legal experts and lawyers as legal advisers, they shall be openly employed to the public in accordance with the principle of competitive selection, and the candidates to be hired shall be inspected and selected among qualified personnel. Public employment of legal advisers shall be conducted in accordance with the relevant provisions of government procurement. The legal advisory body may recommend legal experts and lawyers as candidates to be hired and report them to the hiring authority for examination and approval.
Where a member of a legal institution or other legal expert is appointed as a legal adviser, the unit to which he belongs shall recommend the person who is appointed as a legal adviser. Article 9 After the appointment organ has examined and approved the candidates for legal counsel, the principal responsible person shall issue a letter of appointment.
Where an expert or lawyer is hired as a legal adviser, the legal advisory institution shall sign an employment contract with the individual expert or law firm on behalf of the appointing authority to clarify the specific rights and obligations. Article 10 The term of office of a legal adviser shall not exceed 5 years. You can renew your employment at the expiration of the term, and leave naturally if you don't renew your employment. Article 11 The appointment organ shall organize legal advisers to participate in and listen to their legal opinions at the following stages:
(a) the demonstration stage of major administrative decisions and important administrative acts;
(two) the negotiation stage of major projects and major contracts;
(three) the demonstration stage of important normative documents;
(four) the preliminary consultation and mediation stage and the filing stage of administrative reconsideration, litigation, compensation and arbitration cases;
(five) other stages that the competent department of employment deems necessary. Article 12 A legal adviser shall perform the following duties according to the arrangement of the legal advisory body:
(a) to participate in the study of major issues in promoting administration according to law and building a government ruled by law;
(two) to provide legal advice for major decisions, important agreements, important administrative acts and other matters;
(three) to participate in the consultation and demonstration of government legislation and the formulation and review of normative documents;
(four) to participate in administrative reconsideration, litigation, compensation, mediation, arbitration and other legal affairs;
(five) to participate in the negotiation of cooperative projects and assist in drafting, amending and reviewing important legal documents or contracts;
(six) to provide legal services for handling major emergencies such as compensation, law-related letters and visits;
(seven) to handle other legal affairs assigned and entrusted by the appointment authority. Thirteenth legal advisers shall enjoy the following rights when performing their duties:
(a) to independently put forward legal opinions or suggestions;
(two) according to the authorization of the appointing authority, access to relevant information;
(three) according to the needs of performing their duties, to the relevant units and individuals to investigate the situation;
(four) to obtain labor remuneration and treatment in accordance with the provisions or agreements;
(5) Other working conditions necessary for carrying out the legal consultancy work. Article 14 A legal adviser shall observe the following provisions when performing his duties:
(a) keep the state secrets, business secrets and personal privacy known in the work, and shall not disclose the contents of the work undertaken without authorization;
(two) shall not use the non-public information or convenient conditions obtained in the work to seek benefits for himself, his unit or others;
(three) shall not engage in commercial activities and activities unrelated to the duties of legal advisers as legal advisers;
(four) shall not accept the entrustment of other parties to handle legal affairs that have conflicts of interest with employment agencies;
(five) shall not publish or spread statements that damage the reputation of the appointing authority.
If a legal adviser has an interest in the business he undertakes, which may affect the impartial performance of his duties, he shall apply for withdrawal in time.