About print and distribute the state administration of traditional Chinese medicine legal adviser work rules

The 2016-10-20 15:57:08

Reference: method of the prison department

The author:

The method of traditional Chinese medicine JianFa [2016] no. 32

The office departments, directly affiliated units:

The state administration of traditional Chinese medicine legal adviser work rules have on September 21, 2016, the 12th time director meeting examined and approved. Hereby printed and distributed to you, please comply with them.

The state administration of traditional Chinese medicine

On October 10, 2016

The state administration of traditional Chinese medicine legal adviser work rules

The first chapter the general

Article 1 with a view to strengthen and standardize the government legal work, further to promote administration according to law, to speed up the construction of the rule of law government, give full play to the role of the legal adviser, and guard against legal risks, promote handle affairs according to law, according to the "about promoting legal system and the system of public law firm lawyers opinions do hair [2016] in the (30) concerned regulation, combining the reality of the state administration of traditional Chinese medicine work, these rules are formulated.

Article 2 the work shall be loyal to the facts and law, legal counsel to advance beforehand to prevent and control legal risks is given priority to, the principle of legal remedy is complementary.

Article 3 the state administration of traditional Chinese medicine to establish a legal adviser, establish a bureau of legislative affairs department personnel as the main body, legal experts and lawyers to participate in legal adviser team.

Article 4 the state administration of traditional Chinese medicine according to the following requirements give full play to the role of the legal adviser:

(a) discuss and decide major matters before, shall listen to the legal advice of legal counsel;

(2) drafting, argument SongShenGao regulations and normative documents by the relevant laws and regulations, shall please legal adviser, or listen to their legal opinions;

(3) in accordance with the relevant provisions shall listen to the legal advice of legal counsel and matters not heard, or legal advisers believe not legal compliance matters, shall not be submitted for discussion, make a decision.

Article 5 the state administration of traditional Chinese medicine for shall listen to the legal advice of legal counsel and did not listen to, should be legal adviser to please and not implement, should adopt legal advice and did not adopt legal counsel, cause significant loss or serious adverse effects, in accordance with the law shall be investigated according to regulation on the responsibility of the person and responsible personnel.

Article 6 the supervision legal affairs bureau of legislative affairs department, play a role of legal adviser in the name of the collective.

The bureau of legislative affairs department is responsible for outside counsel selection and daily management work, establish perfect the work mechanism of outside counsel, promote legal adviser work scientific and standardized.

Research, article 7 of the bureau of legislative affairs department dealing with the state administration of traditional Chinese medicine legal affairs relating to the supervision departments, directly affiliated institutions or individuals, the relevant departments, directly affiliated institutions or individuals shall provide relevant materials, and participate in relevant meetings, introduce situation, listen.

Article 8 of the saic relevant departments according to business needs, think about the matters to be listening to the opinions of counsel law, shall apply to the bureau of legislative affairs department, by the bureau of legislative affairs department arranged outside counsel to provide related legal services.

The second chapter legal duties, conditions, rights and obligations

Article 9 legal counsel to provide legal services to the state administration of traditional Chinese medicine the following transaction:

(a) participate in promoting administration according to law and building the rule of law government work on major issues of research;

(2) to a major reform of administrative decisions, administrative behavior and important matters of providing legal opinions;

(3) to participate in major system design and the problems in legislation program of Chinese medicine research;

(4) legitimacy review important normative documents for system design and providing legal opinions;

(5) to participate in administrative review, administrative litigation, case study demonstrates the handling of complaint reporting;

(6) to participate in handling major sudden and group incidents involving legal affairs;

(7) to assist the drafting, modifying, examining the state administration of traditional Chinese medicine as one of the parties of important contracts, agreements;

(eight), entrusted by the state administration of traditional Chinese medicine agent with the state administration of traditional Chinese medicine as one of the parties of administrative litigation, arbitration, execution and other non-litigation legal affairs;

Participate in state administration of traditional Chinese medicine (9) of the rule of law publicity and education work.

Article 10 the outside legal counsel shall meet the following conditions:

(a) high political quality, uphold the party's theory and route guidelines and policies, political landscape should be for the communist party;

(2) strictly abide by the constitution and laws, observe the party discipline, has the good professional ethics and moral cultivation, not any criminal penalty and discipline sanction;

(3) the system of legal professional education, a full-time master of law degree or above;

(4) enthusiastic Chinese medicine, familiar with medicine and health care and the field of traditional Chinese medicine laws and regulations, understand the working situation of traditional Chinese medicine, has a strong ability of analysis and deal with problems, have the time and energy to perform their duties;

(5) hired as legal advisors in principle of law experts should have above associate professor, associate professor title, is engaged in the teaching of law, legal research and legal practice in the fields of remarkable achievements, has certain influence, and as yet untouched by place unit sanction.

(6) hired as legal counsel lawyer should have at least 5 years experience in lawyer business, in the field of medicine and health care and law of traditional Chinese medicine have abundant practice experience, enjoy higher social reputation and influence, and as yet untouched by the judicial administrative department of the administrative punishment or dispose of lawyers association of industry.

Article 11 the external legal counsel during the legal counsel duties enjoy the following rights:

(a) based on facts and law, an independent legal advice and Suggestions;

(2), as required by work, authorized by the state administration of traditional Chinese medicine or agreed to consult the related documents and materials;

(3), as required by work, authorized by the state administration of traditional Chinese medicine or agree, carries on the investigation on specific items, the office departments, directly affiliated institutions or individuals shall assist in accordance with the law;

(4) get the agreed work remuneration and benefits;

(5) other working conditions necessary for carrying out legal adviser work and convenience.

Article 12 the outside counsel on legal counsel during the responsibility for the following obligations:

(a) earnestly perform their duties, legal advisor to meeting on time, timely completion of legal affairs assigned by the employer unit, and responsible for the authenticity, legitimacy of legal services provided.

(2) strictly abide by the secrecy and shall not leak during the process of dealing with the state administration of traditional Chinese medicine legal knowledge of national secrets, work secrets, commercial secrets, personal privacy, and the state administration of traditional Chinese medicine and its working departments that should not be made public information, may not be disclosed without authorization to work content;

(3) shall not be used during the period of work for the nonpublic information or convenience, for himself and for profits, place unit or others;

(4) shall not engage in the identity of the state administration of traditional Chinese medicine legal adviser of business activities and has nothing to do with the legal responsibility of activities;

(5) shall not accept any other party entrusts, deal with and the state administration of traditional Chinese medicine has a conflict of interest law, legal counsel and to undertake the business have an interest, may affect the impartiality of the duty, should be avoided;

(6) shall not use the identity of the state administration of traditional Chinese medicine legal advisor for himself or others, seek improper interests directly or indirectly, shall not be engaged in harm the image of the rights and interests of the state administration of traditional Chinese medicine or activities.

The third chapter legal consultant management and security

Article 13 of the bureau of legislative affairs department should according to the principles of openness, fairness, impartiality, competitive, in qualified personnel hiring the government legal adviser, recommending candidates after the bureau leadership for approval, in the name of the state administration of traditional Chinese medicine as legal adviser.

Being hired as a legal adviser, distributed by the state administration of traditional Chinese medicine. Legal adviser to the period of one year, can even hire a second term.

Article 14 the outside counsel can attend the meeting or providing legal opinions in writing, and shall be responsible for providing legal opinions.

Article 15 the external legal opinions issued by the legal adviser of shall sign the promoter's last name, lawyers should also build official seal of its own law firm.

Article 16 the outside counsel that belong to the problems concerning the development of TCM cause major visits, can put forward written opinions to the bureau of legislative affairs department or advice, by the bureau of legislative affairs department in accordance with the relevant procedures.

Article 17 of the bureau of legislative affairs departments can organize outside counsel, around the law-based administration and major issues in aspects of building the rule of law government to carry out the investigation and study, and put forward relevant opinions or Suggestions to the bureau leadership.

Article 18 hired a lawyer acting as legal counselors outside, the state administration of traditional Chinese medicine should be to hire a lawyer's legal service contract law firm, the service contract shall include the lawyer's job scope, time limit, and termination of the contract works, hiring, pay, the rights and obligations, liability for breach of contract, dispute resolution, etc.

Legal experts as outside legal counsel, in providing legal consultation, issue a written legal opinions and other services, the state administration of traditional Chinese medicine shall pay the relevant legal service fees.

Outside legal counsel to deal with legal affairs for the state administration of traditional Chinese medicine of traveling expenses, material printing fee, investigation and so on, are paid by the bureau of legislative affairs department according to the standard.

Article 19 the bureau of legislative affairs department should establish external legal adviser work files. Outside legal counsel shall report to the bureau of legislative affairs department submit an annual rite.

Article 20 the bureau of legislative affairs departments shall establish outside counsel examination mechanism, annual appraisal on its working ability and work performance. Annual appraisal results are divided into three grades: excellent, competent and incompetent, as the basis of legal adviser even hire a second term, discharge.

Article 21 the external legal counsel during the period of employment in any of the following circumstances, shall cancel the employment relationship:

(a) in the process of executing a significant error in serious dereliction of duty, malfeasance or;

(2) because of body reason cannot work legal adviser;

(3) without justifiable reasons, do not participate in two or more times a legal adviser work conference, or does not provide legal advice on time;

(4) by place unit, or by the judicial administrative department of the administrative punishment, or dispose of the all China lawyers association industry;

(5) be shall be investigated for criminal responsibility according to law;

(6) annual appraisal result of incompetence.

Article 22 the outside counsel neglect their duties, practice favoritism, caused by the state administration of traditional Chinese medicine or the department of great economic losses or adverse social impact, the state administration of traditional Chinese medicine has the right to be dismissed, and recorded in the archives legal adviser work, report or place the unit under the all China lawyers association, and shall be investigated for responsibility according to law.

Article 23 the legal adviser work and outside counsel to provide legal services required special funds into the budget, plan by the bureau of finance department to arrange implement.

The fourth chapter bylaws

Article 24 the state administration of traditional Chinese medicine directly affiliated units can be combined with the actual, formulate relevant legal system, legal advisory work.

Article 25 the rules from the date of printing.