It is necessary to establish a lifelong accountability system for major decisions and incorporate the effectiveness of rule of law into performance assessment. It also listed "deeply promoting administration according to law and accelerating the construction of a government governed by law" as one of the six major tasks for comprehensively advancing the rule of law. This is an inevitable requirement for our country to administer according to law, govern according to law, and build a China ruled by law. This requires the establishment and improvement of the government advisory system, fully protecting the rights and status of legal advisors, and ensuring the efficient operation and legal implementation of the legal advisor system. 1. The concept and role of government legal advisors Government legal advisors refer to natural persons or organizations that provide legal advisory services to the government. The government legal advisor system is a general term for the systems and rules on how government legal advisors are generated, operated and improved. At present, our country's government legal advisors refer to organizations that sign legal advisory service contracts with the government. The most important organization is the law firm, followed by the work unit where the legal experts work. With the growth of our country's lawyer team and the standardized development of the lawyer industry, the role of lawyers in social affairs has become more and more obvious. Lawyers not only have professional legal knowledge, but also have rich practical experience. Therefore, as consultant lawyers hired by the government, they can view government actions with a social supervision role and mentality. Moreover, consultant lawyers are not restricted by internal personnel of administrative agencies and can stand relatively objectively. , judge government actions from a fair perspective. The government legal advisory system plays an important role in ensuring the legislative, law enforcement and supervision stages of administrative agencies. During the legislative stage or before making major decisions, the government invites government legal advisers to issue legal advice, etc., allowing government legal advisers to fully intervene in government decision-making and policy formulation to ensure the legitimacy of government policies and decisions, which can effectively improve the government's compliance with the law. Administrative abilities. In the government law enforcement stage, the government, as an administrative subject and a civil subject, participates in economic activities and civil activities at multiple levels, resulting in a large number of legal affairs. When the government conducts investment and procurement activities in accordance with the law, it can hire legal advisors to participate in contract negotiation, drafting, review and other non-litigation matters; when the government has disputes or conflicts with other legal persons, organizations, etc., it can hire legal advisors to appear in court on behalf of the government to participate in litigation. The government legal advisory system is also an important guarantee for preventing legal risks and supervising government decision-making. Legal advisory recommendations, legality demonstrations for major decisions, and legal review documents issued by legal advisors can conduct research and assessment of legal risks and propose risk prevention measures. At the same time, The filing system of these legal documents can effectively supervise whether relevant government officials carry out risk prevention and make decisions in accordance with the recommendations made in the legal documents, and can play a certain preventive role in preventing relevant government staff from taking advantage of their positions to seek personal gain with power. 2. Introduction to the government legal advisor system in developed countries and regions governed by the rule of law (1) The evolution and development of the U.S. government legal advisor system. When the U.S. federal government was first established, the Department of Justice was not established, but the president specifically created a position for work needs: "Chief Agent." Attorney General, whose duty is to provide opinions and suggestions on legal issues at the request of the President of the United States. Although the "chief attorney" is not a member of the president's cabinet, he can attend cabinet meetings and can be said to be the president's personal legal adviser. Over the next hundred years, General Counsel "chief consultants" appeared in various federal government departments one after another to participate in the daily work of various federal government departments. After the Civil War, the United States established the Department of Justice. The president's "chief agent" directly served as the attorney general of the U.S. government. The attorney general is the chief legal adviser to the president and government of the United States. His responsibility is to handle legal affairs for the president and government of the United States. The Department of Justice employs a large number of Lawyers handle legal matters for the federal government. Each department has also successively established its own departmental legal counsel office. The office has a general counsel, who is appointed by the president. Its basic responsibilities are to provide legal advice to department heads and provide legal guidance to business officials. The office also includes reviewing all legal matters. work plan and administrative rules.

The employees of the legal advisory offices of various departments are all lawyers, and their size and number account for the vast majority of lawyers hired by the government. Among them, the legal advisory office of the Ministry of Agriculture has four regional and 13 branch offices. The Ministry of Health's Legal Counsel's Office has 10 regional offices, each with a size ranging from 6 to 29 lawyers. State governments also adopt a system similar to that of the federal government and hire a large number of lawyers to handle government legal affairs. It can be said that the United States is a country governed by lawyers. (2) Introduction to the Hong Kong Government Legal Advisor System. The Hong Kong government inherited the British system during the British rule and established the Department of Justice (called the Department of Justice at the time) in 1855. It was renamed the Department of Justice after the handover in 1997. The functions and status of the two governments are the same. (only the name has changed), its chief is the chief legal officer of the Hong Kong government and is directly responsible to the Governor of Hong Kong. After Hong Kong's return to the motherland, the Secretary for Justice is one of the only three secretary-level officials in the Hong Kong Special Administrative Region. He is not only the chief legal adviser to the chief executive, the government, and government bureaux, departments and agencies, but also a member of the Executive Council. The Department of Justice has five important departments, the main members of which are composed of government lawyers. The entire Department of Justice is actually a big law firm. In addition to having prosecutorial powers and assuming the responsibility for prosecuting criminal offences, the Department of Justice is also responsible for drafting all laws of the Hong Kong government, providing legal advice to government bureaux and departments, providing legal advice on land planning, infrastructure and environmental protection, and representing it as a lawyer or barrister The government participates in civil disputes involving the government, attends multilateral agreement meetings as a member of the Hong Kong delegation, etc. It is precisely because of the all-round work model of the Department of Justice that the daily work of the Hong Kong government can basically be carried out under the full legal guidance. This is also one of the reasons why Hong Kong society has a high degree of rule of law. 3. Analysis of the current situation of our country’s government’s rule of law construction and government legal advisor system (1) The country lacks a tradition of rule of law. Our country has experienced more than two thousand years of feudal autocratic rule, and feudal thinking has not been fundamentally eliminated from people’s minds. The idea of ??the rule of man is deeply rooted. The mature bureaucracy of the rule of man ensures the ubiquitous operation of administrative power, and the law is in an extremely secondary position. Thirty years of reform and opening up, the country's rule of law construction has achieved certain results, but we must clearly see that we are building the rule of law on the basis of a serious lack of tradition of the rule of law. When most people encounter problems, the first thing they think of is how to entrust them with legal support. People seek relationships and even spend money to settle relationships. The phenomenon of power being greater than the law, emotion being greater than the law, and money being greater than the law still occurs constantly. For this reason, the 18th National Congress of the Communist Party of China proposed that we must comprehensively promote the rule of law. No organization or individual may have privileges beyond the Constitution and the law. We must not allow words to represent the law, use power to suppress the law, or bend the law for personal gain. (2) Leading cadres generally lack legal thinking. Leading cadres play a leading role in national governance and social management. The current leading cadres should be said to have strong political thinking and economic thinking abilities, but they generally lack legal thinking. This is highlighted by the fact that many cadres are in trouble. If we don’t look for the law, we don’t act in accordance with the law, and we don’t use the law to solve problems. We rarely think of the law in our daily work. Some cadres even have extreme ideas of being above the law. For example, a local leader’s famous saying “What is the law” was exposed a few years ago? ? Normally I take care of it, but if something happens it takes care of me." This has led to many cases where the government operates illegally. For example, many places use the illegal method of "getting on the bus first and buying the ticket later" to resolve the conflict between project construction land and cultivated land protection. (3) The legal advisory system lacks rigid institutional guarantees. Currently, the working mechanism for legal advisors to participate in the operation of government power is in the embarrassing situation of "it is important to talk about it, it is secondary to doing it, and it is unnecessary when it is busy". Whether a local government establishes a legal advisory system and establishes There is a lack of rigid institutional guarantees regarding whether lawyers can participate in government services and the extent to which lawyers can participate in government services, and the work is highly arbitrary. It completely depends on the subjective will of the main leaders of the government, and most of our leaders lack legal thinking and do not pay attention to the work of legal advisors at all. Therefore, the overall level of the construction of our government's legal advisor system is currently low. The working mechanism for legal advisers to participate in the operation of government power and the guarantee system for government administration according to law need to be further improved.

At the same time, it is necessary to establish a system for recruiting legislators, judges, and prosecutors from qualified lawyers and legal experts, improve a standardized and convenient mechanism for recruiting talents from political and legal graduates, and improve the career security system for government legal advisors. (5) Establish and improve the guarantee mechanism of the government legal advisory system to promote the government's purchase of legal services, include the government's purchase of legal services into the annual special fiscal budgets of governments at all levels, and pay legal advisory fees in full and in a timely manner. Strengthen the funding guarantee for lawyers to participate in legal and litigation-related petitions and public legal services, explore the formation of a funding guarantee mechanism that determines compensation based on cases and determine compensation based on matters, and gradually improve the level of guarantees.