Legal analysis
Public lawyer refers to a lawyer who is established in the party and government organs and paid by the party and government organs and belongs to the sequence of national civil servants. Public lawyers are lawyers first, and they need to support the people of China and the Constitution. Public lawyers of party and government organs mainly handle legal affairs of their own organs, so as to improve the level of party and government organs in governing and administering according to law and safeguard national interests according to law. Public lawyers are not lawyers who provide services to members of society and may not provide paid legal services to the society. The main difference between public lawyers and professional lawyers is: 1. Public lawyers are national civil servants, and practicing lawyers are practitioners who provide legal services to the society; 2. The business scope of public lawyers is limited to providing legal services to government departments, and the business scope of practicing lawyers is wider than that of public lawyers; 3. Public lawyers may not charge legal service fees, and practicing lawyers may provide paid legal services to the society. In the process of building a socialist country ruled by law in an all-round way, party and government organs must strengthen the construction of the rule of law, govern and administer according to law, perform their duties within the scope of the rule of law, and protect people's rights and interests. However, the judicial organs cannot provide legal services for the party and government organs to perform their statutory duties, investigate criminal cases, supervise state staff and try criminal, civil and administrative cases according to law. Law firms and their lawyers who provide legal services to the society provide legal services to the parties to the case and other civil subjects, but cannot provide legal services to the party and government organs. Therefore, in the environment of ruling the country according to law, the party and government organs can only set up their own public lawyers and hire legal advisers to ensure their administration according to law.
legal ground
Article 5 of the Lawyers Law of People's Republic of China (PRC) shall meet the following conditions to apply for practicing as a lawyer: (1) Support the Constitution of People's Republic of China (PRC); (2) Obtaining the legal professional qualification through the national unified legal professional qualification examination; (3) Having worked as an intern in a law firm for one year; (4) Good conduct. The national unified judicial examination certificate and lawyer qualification certificate obtained before the implementation of the national unified legal professional qualification examination have the same effect as the national unified legal professional qualification certificate.