The 18th National Party Congress basically established the rule of law government as an important goal for building a well-to-do society by 2020. The Fifth Plenary Session of the 18th CPC Central Committee further defined this goal. The next five years are not only the crucial stage for the completion of a well-to-do society, but also a crucial period for accelerating the construction of a government under the rule of law. In recent years, the construction of the government under the rule of law has steadily advanced and achieved remarkable results. At the same time, there are still many “shortcomings” in establishing the powers, exercising power, restricting power, and supervising power according to law. The government needs to be strengthened in the aspects of full and proper performance of government functions and strict and fair implementation of laws and regulations.
The Department of Administrative and Legal Affairs is an elite team that specializes in administrative legal practice. In the process of building a government under the rule of law, it participates in government-governance activities in accordance with efficient and high-quality specialized legal counseling services. It assists the government in the use of legal thinking and methods in accordance with the law to effectively prevent the government. It enhanced management and decreased decision-making risks, enhanced the government's credibility, improved administrative efficiency and legal administrative standards, promoted the rule of law government, and served government construction. The team will provide the following professional and special administrative legal counsel services to the government or government functional departments:
[Assist government or government functional departments to improve their administrative capacity according to law]
Assist in reviewing the organizational structure and the power conferred by the law, and review whether the responsibilities correspond to each other. Decompose the powers, clarify the rules of power management, and specify the main body of responsibility, administrative procedures, law enforcement standards, and accountability;
Assist in establishing and improving the dynamic management mechanism of power lists and liability lists, and strengthen the power supervision and accountability mechanism;
Assist in the improvement of internal work efficiency management and process control procedures, optimize the power operation process, and assist in the design and production of administrative law enforcement risk prevention procedures and mechanisms;
On the basis of comprehensive understanding of service requirements, we designed a personalized legal practice training program, provided various levels of legal knowledge and practice training through special lectures and popular law training, and improved the overall administrative capacity and enforcement level of government workers.
Assist in the legal argumentation of the handling of major issues relating to petitions involving legal suspicions, make legal suggestions and written opinions, conduct legal propaganda and education for unreasonable entrants, guide the people to exercise their rights, express their demands, and resolve disputes;
Under the environmental protection monitoring and other functional departments under the provincial vertical management conditions, assist the government to clarify the responsibilities of the relevant subjects; help design and standardize the vertical management workflow and support law enforcement instruments, and standardize administrative enforcement;
Provide legal advice on administrative reconsideration, administrative litigation, administrative arbitration, and administrative non-litigation items involved in the process of administration according to law, and issue legal opinions; accept commissioned representatives to participate in legal reconsiderations, administrative litigation, and other legal activities.
[Assist government agencies or government functional departments to improve major projects, decision-making risk assessment and follow-up mechanisms]
Through participation in major decision-making, difficult issues of argumentation, discussion, investigation, and negotiation, conduct due diligence investigations on major and difficult issues, combine legal professional skills, complete legality review, and issue legal risk assessment reports;
Assist in formulating major decision-making solutions, designing decision-making processes, assisting in the management of decision-making projects, conducting full prevention and control of legal risks, assisting the government in the implementation of major decision-making social stability risk assessment systems, and improving the early warning and mediation of social conflicts. Solve the comprehensive mechanism to effectively prevent and resolve contradictions and disputes;
Participate in the government's major economic projects and investment analysis of legal analysis and demonstration services, and analyze and demonstrate from the legal point of view of the feasibility of the implementation of the project, assist in project planning, formulation of project implementation plan, the development of project contracts, and participate in project negotiations;
Assist government agencies or government functional departments in the design and management of legal risk control for project bidding, tendering procedures, and clean governance, and provide legal services such as review of legal documents and sudden incident handling during project implementation;
Participate in government PPP project design, negotiation, contract specification and other matters, and promote the standardization of government and social capital cooperation;
Assist the government in establishing a sound distribution system for energy use rights, water rights, emission rights, and carbon emission rights.
[Assist government agencies or government functional departments to innovate social governance methods]
Participate in deepening the reform of the administrative system, assist the government in reducing the use of administrative coercive measures to alleviate and eliminate contradictions, and make more use of legal means to deal with and resolve social conflicts;
According to the actual needs of the work, assist in determining the content, scope, methods, and procedures of the government information disclosure, establish a confidential disclosure review mechanism according to law, and clarify procedures and responsibilities;
Under the current legal framework, assist the government in innovating land transfer and scale management models, centralizing advantages, using intensively, unifying operations, and rationally allocating, increasing land value, improving the production capacity of rural collective property rights, and promoting farmers' income growth and the development of new types of agricultural management entities;
Participate in government-led urban-rural integration process, such as demolition, collective land use, and public services, to promote the coordinated development of urban and rural areas;
Assist the government in establishing a governance system that includes spatial planning, use control, leading cadre natural resource assets auditing, and differentiated performance appraisal;
In the process of service opening to the outside world and the implementation of the free trade zone strategy, assist the government in designing cooperation models, participate in negotiations on regional comprehensive economic partnership agreements, and develop higher-level open economy;
In the process of increasing the supply of public services and realizing the balance of interests, assist the government in establishing and formulating a social resource sharing mechanism and make legal proposals for the government’s poverty alleviation projects.
Assist in the establishment and improvement of the mechanism for the assessment and evaluation of the comprehensive management of public security to assist in the handling of emergencies, mass incidents, and public safety incidents.
Establish entrepreneurial guidance funds for local governments;
Investment promotion and trade promotion services;
Act for government lawsuits or other non-litigations;
Provide national legal information to the government;
Assist in government legal system promotion.
Provided legal advisory services for the National Committee of the Chinese People's Political Consultative Conference;
Land acquisition and demolition of Lianhuo Expressway Construction Project;
Zhengxi High Speed Railway Construction Land Acquisition and Demolition Case;
More than 2,500 acres state-owned land ownership disputes in Yulin City, Shanxi Province;
The group of villagers from Danzhou City, Hainan Province, sued the municipal government for a case of land rights determination for 400 acres of land;
Tianjin Airport Economic Zone Planning and Land and Resources Management Bureau more than 300 acres of land special rectification dispute case;
A case of disputes over the contracted management rights of 400 acres of land on a farm in Gongliu County, Xinjiang Autonomous Administrative Region;
More than 200 villagers in a village v. Village Committee's illegal land contract dispute;
The National Labor Model 38 Eighth Red Banner Handled Sand Hero Lee sued the Ministry of Homeland Ministry of Finance Ministry of Landlord of Ningxia Autonomous Administrative Region land contracting operation infringement dispute case;
Beijing, Mentougou District, Liu Mou and Mentougou District Urban Management Brigade illegal building administrative proceedings;
More than 2,000 villagers from five villages in Suzhou City, Anhui Province were involved in coal mining geological collapse settlement disputes;
A village committee in Baoding City, Hebei Province, has paid 125 million yuan for the acquisition of a dispute over collective land;
Provided long-term legal consultancy services for Suzhou Canglang Municipal Engineering Co., Ltd.;
Provided legal consulting services for the Price Bureau and Development and Reform Bureau of Yuhua District, Changsha City, Hunan Province;
Provided intellectual property legal services for the intellectual property service platform of Shanghai Robot Industrial Park;
Under the entrustment of the Fujian Provincial People's Government, the “Shenzhen SME Public Service Demonstration Platform” was created to provide specialized diagnostics for issues such as ownership structure, corporate governance, investment and financing, and other problems in the development of a well-established 1000 storage companies. And provide problem solution, on-site counseling and corporate trusteeship;
Provided legal advisory services for the Fujian Chamber of Commerce in Beijing;
Adviced the Shandong Chamber of Commerce in Beijing on legal advisory services;
Acted as a public interest lawyer for the Chinese Will Bank;
Provided legal advisory services for "emergency China";
General Counsel, Hubei Chamber of Commerce, Hunan Province