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政府法律顧問在推進依法行政,建設法治政府中具有助推作用,是實現依法治國,建設法治中國的必然要求。《中共中央關於全面推進依法治國若干重大問題的決定》(以下簡稱《決定》)中明確規定,要‘積極推行政府法律顧問制度,建立政府法制機構人員為主體、吸收專家和律師參加的法律顧問隊伍,保證法律顧問在制定重大行政決策、推進依法行政中發揮積極作用。’但是要切實發揮政府法律顧問的作用,還需要明確政府法律顧問的資質、權限以及保障機制,調動政府和政府法律顧問的積極性,以保障政府法律顧問制度的有效實施。
Government legal advisers play a boost role in promoting administration according to law and building a government ruled by law. They are the necessary requirements for realizing rule of law in accordance with the law and building a rule of law in China. The Decision of the CPC Central Committee and Central Government on Some Important Issues in Ruling the Country According to Law clearly states that it is necessary to ’actively promote the system of government legal consultants, establish the legal personnel of government legal institutions as the main body, and include legal counsel for experts and lawyers Team to ensure that legal advisers play a positive role in formulating major administrative decisions and promoting the administration according to law. However, it is necessary to give full play to the role of government legal advisers. We also need to clarify the qualifications, authority and safeguard mechanisms of government legal advisors and mobilize the enthusiasm of government and government legal advisers so as to guarantee the effective implementation of the system of government legal advisors.