试论我国政府法律顾问制度基本内容

A Talking About the Content of the Government Legal Adviser System in Our Country

政府法律顾问制度作为一种政府通过合同形式委托律师或律师事务所为其提供有偿法律服务的规范体系,在西方社会早已存在而且十分成熟,在我国伴随着沿海部分省、市和少部分政府投资项目的政府法律顾问制度的先行先试,该制度的轮廓已基本清晰:这一制度应以全方位的政府涉法事务为调整对象,以法律意见书为有效法律文件形式,以政府财政预算为资金来源,以政府采购和招投标为基本方式,以专业化和研究型律师团队为法律服务主体的五方面内容构成。

As a standard system, the government legal adviser system is commissioned by government, in which a lawyer or a law firm provides legal services through a contract. In western society it has been already existed and very mature, in our country, accompanying a small number of coastal provinces and government investment projects＇ trying, the outline of the system has been clear, with a full range of law-related government affairs as the object of professional services ,using the legal advices as its effective forms, making the government budget as its capital supports, through a government procurement and bidding to form the legal service contracts as its specification basis, with a specialization and research-based lawyers team as its organizational guarantee, these five aspects constitute the basic content of the system.