The Main Problems And Reasons In Longnan's Legal Service Industry
Uneven distribution of development and uneven quality of personnel. The development of law firms, with the consideration of population gathering and source of cases, is more likely to be located in urban areas with relatively concentrated population and relatively fast economic development, rather than located in villages and towns. Counties with relatively small population and slow economic development only set up branches, and even appeared the phenomenon of "No lawyer's law firm". There are 19 law firms in our city, 9 of which are concentrated in Wudu District, 3 in Cheng County, 2 in Xihe County, 1 in Kang County, Huixian County, Wenxian County, Lixian County, and one branch of law firm in two counties. The distribution of lawyer resources is extremely uneven. Resources such as legal aid and notarization are relatively balanced because of administrative reasons (which have not yet been restructured, private legal aid centers and notary offices are not allowed to be established), and each county or district has a family. The quality of legal service personnel is uneven, and the knowledge structure and personnel quality of lawyers are relatively good. However, the ranks of legal service workers are low in culture, high in age structure, low in legal quality and weak in overall situation, and the overall quality of the team can not meet the actual needs of legal services in the new situation.
The service field is narrow and the development lacks hierarchy. Due to the lack of overall economic and social development in Longnan, the main contents of our legal services remain in the traditional litigation agency service. The non litigation legal business is generally limited to the legal consultancy business, and other non litigation legal businesses are underdeveloped. There are few foreign related legal matters. For some emerging economic areas, there is a lack of advanced research, lack of new economic knowledge and relevant legal expertise, and lack of ability to help service providers to solve practical problems. There is a lack of hierarchy in the development of the same industry. The city still lacks the leading role of the industry, and has a fairly large scale and grade of law firms, that is, the lack of "leading enterprises". The law firms in the city are basically in the same level of business competition, lack of high-end legal services, with unclear levels and distinctive features.
The supervision function of the county judicial bureau is weak, and the legal service industry emphasizes economic benefits and social benefits. The management function of the existing legal service industry is highly concentrated in the judicial administrative organs above the municipal level, and the judicial administrative organs at the county level have no administrative license and administrative penalty power. The phenomenon of "seeing the pipe is not enough, the management can not see, the upper and lower two pieces of leather" phenomenon, and the management effectiveness is greatly reduced. The existing legal service industry implements the "double combination" management system which belongs to the trade association management and the administrative affairs belong to the judicial administration. Because there is no industry association at the county level, the business management has a blank point for the county level. The supervision and management function at county level has not been brought into full play and the supervision is not in place. Each law firm and legal service institution are intermediary organizations engaging in legal services. Now they are called new social organizations, not organs and public institutions. They pursue the maximization of economic interests, ignore the social benefits that legal service industry should pursue, lead to the "interest first" bad tendency and cause many industry maladies. In this regard, it is very difficult to achieve the unification of economic benefits and social benefits, the unity of personal interests and the overall interests of the industry, and the supervision of the quality of handling cases is more important and urgent.
How to further develop and standardize the legal service industry and provide high-quality and efficient legal services for the economic and social development of Longnan, we should do the following four aspects:
(1) to further balance the layout of legal service resources and build a complete legal service system. We should strive to cover all counties, townships and villages (residential areas) by legal service providers, and create a one-stop, convenient legal service window for lawyers, notarization, legal aid, legal services and judicial expertise in the county Judicial Bureau to provide high-quality and efficient legal services for the masses. In towns and townships, relying on the judiciary to create a convenient legal service platform to facilitate the timely access of legal services to townships and townships. In the village (residential areas) to create a unique judicial administration studio (station), expand the legal service function to the grass-roots level, and extend to the masses. We will establish a sound legal service covering three levels of counties and villages, and constantly meet the growing demand for legal services for the masses. In terms of personnel, students, volunteers, lawyers and notaries with legal expertise will be enriched into the three level legal service institutions to provide professional and normalized legal services for the masses. In terms of funds, the central government should pay more attention to the transfer and payment of the central government's laws and regulations, so as to provide necessary for the normal operation of the three level legal service institutions. Funding guarantee 。 At the same time, the legal service institutions should be encouraged to reasonably charge service fees, achieve self benefits and reduce financial burden.
(two) to further improve the overall quality of legal service teams and improve the ways and means of legal services. First, we should strengthen education and training. Through graded training, we can improve the professional quality of legal service personnel, establish a system of communication between legal service units, legal service units and grass-roots judicial offices, complement each other, promote each other, and achieve common improvement. Two is to strengthen education and guidance. We should establish and improve the professional ethics and practice discipline education system in the legal service industry, and comprehensively use the means of education, discipline and legal system to guide the legal service personnel to put the social benefits in the first place, and consciously resist the unhealthy tendency of "interests first" and remove the industrial ills. Handling cases in accordance with the law and serving them in good faith make the legal service team truly a paragon of law and social morality. Three, we should actively guide the legal service personnel to set up the overall situation concept, participate in the public interest activities such as letters and visits handling, conflict resolution, legal aid and other public welfare activities, participate in the construction of major projects, and contribute to the steady and rapid development of Longnan's economy and society.
(three) to further strengthen the supervision and management of the industry and improve the quality of legal services. We should strengthen the inspection, supervision and management guidance for the legal service market, and strengthen education and renovation. In order to enhance the social credibility of the legal service industry, we should focus on improving the legal service personnel involved in the practice activities, which are harmful to the interests of the parties, damage the public interest and damage the seriousness of the law. Investigate and punish lawbreaking and discipline in time. We should establish and improve the practice notification system for legal service personnel, follow up feedback system for service quality, liability compensation and bad practice registration system, vigorously implement the listing service and service promise, set up reporting boxes and reporting telephones, and receive social supervision. We should establish and improve the credit rating evaluation system and credit information disclosure system of legal service trades and practitioners, and provide timely services for the legal services institutions to inquire about the credit information of legal service institutions through timely disclosure of relevant credit information of legal service institutions and practitioners. Expanding county level justice Administrative organ From the reform idea of enlarging the power and strengthening the county, the main administrative functions of the higher level judicial administrative organs concerning the establishment of changes in the legal service industry, personnel registration and examination, and supervision penalties shall be delegated to the judicial administrative organs at the county level. It is permitted to set up a county level industry association to strengthen the administration function of the county judicial administration organ to the legal service industry. We should carry out the law of lawyers and notarization, further straighten out the relationship between the legal service units and the public security organs, protect the legal rights and interests of lawyers and notaries, and mobilize the enthusiasm and initiative of legal service personnel. We should strengthen the publicity and publicity of advanced services and advanced deeds of the legal services industry, and establish a good image of the legal service industry.
(four) further development legal service In the new field, we should expand the scale of legal services. We should encourage and guide legal service units to actively explore non litigation legal businesses, foreign-related legal services and other high-end legal services. Build a leading enterprise in the industry, build a large scale and grade of brand lawyer's office and notary office. We should actively carry out the "legal service through train" activities to achieve full coverage of legal service through trains, ensure diversification of forms of activities, participate in the diversification of forces, and normalize activities. We should guide legal service personnel to serve the grass-roots rural areas and provide services for the community, so as to provide legal protection for the construction of new socialist countryside. We should actively promote the work of the government legal adviser, provide legal services for the government and its working departments to make decisions according to law and administrate according to law, and promote the administration according to law. We should encourage the legal service industry to actively introduce compound, high-level talents who know the law, understand the economy and understand foreign languages, and cultivate talents through multiple channels and ways.
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