一村一法律顾问制度问题反思与重塑

Reflection and Remodeling of the One Village One Legal Advisor System

我国一村一法律顾问实践在近十五年里从星星之火已成燎原之势,在推进乡村法治建设中发挥了重要作用。以S省一村一法律顾问制度运行实践为对象,实证研究发现该制度运行中尚存如下问题:村民好评率低、村委会认可度差、驻村法律顾问自我成就感弱、司法行政人员满意度低。问题背后折射出一村一法律顾问制度自身的不足:工作职责内容规定过于宽泛导致角色冲突;过度的行政资源配置手段违反了法律服务市场化的客观规律;责权利配置不合理导致工作开展不可持续。为了进一步发挥一村一法律顾问制度的优势,需要重新定位驻村法律顾问的岗位角色,明确其主要服务对象,从服务对象出发重新明确驻村法律顾问的工作职责;重新归位司法行政机关的职能,充分尊重和维护村委会与驻村法律顾问之间的市场交易主体地位;完善激励保障措施,实现责权利对等;并建议司法部尽快制定《一村一法律顾问工作实施条例》。

The one village one legal advisor system in China has grown from a spark to a raging trend in the past fifteen years,and has played an important role in promoting the construction of the rule of law in rural areas.Based on the empirical research on the operation effect of the one village one legal advisor system in S province,it is found that there are low praise rate by villagers,poor recognition of village committees,weak sense of self-achievement of legal advisors in villages,and poor satisfaction of judicial administrators in the practical operation of the system.The problem reflects the shortcomings of the one village one legal advisor system:the content of job responsibilities stipulates that greed and pursuit of perfection lead to role conflicts,excessive allocation of administrative resources violates the objective laws of mercerization of legal services,and inadequate safeguards lead to unsustainable work.In order to give full play to the advantages of the one village one legal advisor system,it is necessary to reposition the responsibilities of the legal advisors,further clarify their main service objects,and redefine their responsibilities from the perspective of the service objects;The functions of the administrative organs should be reset;the main body of marketable transactions between the village committee and the village legal advisors should be fully respected and maintained;Incentives and safeguards should be put back in place to achieve equality of responsibilities and rights;and it is recommended that the Ministry of Justice formulate the“Implementation Regulations for the Work of One Village One Legal Advisor”as soon as possible.