The legal institution of the working department of the people's government at or above the county level is the legal advisory institution of the department, which undertakes the legal advisory work of most departments and is responsible for handling the legal affairs of the department. Fifth people's governments at or above the county level and their departments shall establish a team of government legal advisers, mainly the staff of legal institutions, and invite experts and lawyers to participate. The staff of legal institutions in the team of government legal advisers are full-time government legal advisers, and the experts and lawyers hired are part-time government legal advisers.
The people's governments at or above the county level and their departments shall strengthen the professional capacity building of the staff of their legal institutions, and the recruitment of staff of legal institutions shall give priority to those with national legal professional qualifications or full-time bachelor's degree in law. Article 6 The people's governments at or above the county level may employ more than three experts and lawyers as part-time government legal advisers according to their work needs, and all departments of the people's governments at or above the county level may employ more than one expert and lawyer as part-time government legal advisers according to their work needs. The employment period of part-time government legal adviser is one to two years, and can be renewed after the expiration.
All departments of the people's governments of provinces, municipalities and prefectures may employ part-time government legal advisers through contracts to provide legal services for their subordinate or directly managed institutions. The people's governments of cities, prefectures, counties and urban areas may employ part-time government legal advisers through contracts, and at the same time provide corresponding legal services for their subordinate departments and institutions, agencies and township people's governments. Article 7 The government and departmental legal advisory bodies shall select part-time government legal advisers from qualified personnel in accordance with the principles of openness, fairness and competition, and report to the people's government or department at the corresponding level for approval.
The government and departmental legal advisory bodies can determine the conditions and procedures for the staff of legal institutions to serve as full-time government legal advisers according to the actual situation, and organize their implementation. Article 8 An expert who serves as a part-time government legal adviser shall meet the following basic requirements:
(a) be loyal to the Constitution, abide by laws and regulations, and have good moral cultivation and professional ethics;
(2) Having the titles of associate professor or associate researcher or above and engaging in legal teaching, legal research or legal practice;
(3) It has not been subjected to criminal punishment or disciplinary action.
A lawyer who serves as a part-time government legal adviser shall meet the following basic conditions in addition to the conditions in Item (1) of the preceding paragraph:
(a) with more than 5 years of practice experience, strong legal business ability, with a certain professional influence;
(2) It has not received criminal punishment, administrative punishment by the judicial administrative department or punishment by the bar association. Article 9 When hiring a part-time government legal adviser, a service contract shall be signed to specify the service scope, rights and obligations, working methods, employment term, payment of fees, liability for breach of contract, dismissal and other contents of the part-time government legal adviser.
Part-time government legal advisers shall not directly engage in the daily administrative work and administrative law enforcement activities of the government and departments. Tenth people's governments at or above the county level and their departments shall guarantee the funds needed for the work of government legal advisers.
Government and departmental legal advisory bodies shall determine and pay reasonable remuneration according to the actual work of part-time government legal advisers. No remuneration shall be paid if the actual legal services are not provided. Eleventh government and departmental legal advisory bodies may, when performing their duties as legal advisers, arrange government legal advisers to provide the following legal services as needed:
(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 and argumentation for major administrative decisions and important administrative acts;
(three) to participate in the drafting of local laws and regulations, and to provide legal advice and argumentation opinions for the preparation of government legislative plans and the legality review of important normative documents;
(four) to participate in handling administrative reconsideration, administrative litigation and arbitration cases;
(five) to participate in the negotiation of government contracts and assist in drafting, reviewing and amending government contracts or related legal documents;
(six) to participate in other government legal affairs. Twelfth government legal adviser shall provide legal advice in writing and be responsible for the legal advice provided. Those who attend relevant meetings or provide legal services on behalf of relevant legal affairs shall, in accordance with the requirements of the legal advisory bodies of the government and departments, sign the minutes and documents of relevant meetings that record their legal opinions. Thirteenth government and departmental legal advisory bodies shall make a comprehensive analysis of the legal opinions and suggestions put forward by government legal advisers, and put forward handling opinions on this basis and report 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 reject the legal opinions and suggestions provided by their legal advisory bodies, they shall give feedback.