Lv Hongbing: Realizing The New Development Of Foreign Related Legal Services

In his "government work report" yesterday, Premier Li Keqiang raised the "openness" to a very high level. He said: "openness is also a reform. We must implement a new round of high-level opening to the outside world, accelerate the construction of a new open economy system, and win the initiative of development and the initiative of international competition with open initiative. To this end, he emphatically put forward: "promoting transformation and upgrading of foreign trade", "more active and effective use of foreign capital", "accelerating the implementation of the" going out strategy "," building a new pattern of all-round opening up ", and" coordinating bilateral and regional cooperation ". Among them, he stressed the importance of "improving financial, information, legal and consular protection services". Obviously, perfecting the "legal service" in speeding up the implementation of the "going out" strategy is undoubtedly an important topic worthy of attention by Chinese lawyers, especially foreign lawyers.

　 First, comprehensively promoting the rule of law has provided unprecedented examples for the development of foreign-related legal services. policy Support

Let us revisit the decision of the Central Committee of the Communist Party of China on the major issues of the comprehensive promotion of the rule of law in the fourth Plenary Session of the 18th CPC Central Committee (hereinafter referred to as "the decision"). The decision to develop the foreign-related legal service industry in a clear, multiple and substantial way, which has been mentioned in such an important document of the party, fully reflects the great importance and deep hope of the party to the development of the lawyer industry, especially the legal service industry involved in foreign affairs.

The decision is "well-established". legal service In the section of the system, it is pointed out: "developing legal services such as lawyers, notaries, etc. Developing the foreign related legal service industry; "Innovating the rule of law" personnel training In the "mechanism" section, it refers to "building a team of foreign-related legal professionals who are familiar with international legal rules and are good at dealing with foreign-related legal matters". In the "strengthening of foreign related legal work", we should say: "adapt to the deepening of opening up to the outside world, improve the system of foreign-related laws and regulations, and promote the construction of a new open economy system. We should actively participate in the formulation of international rules, promote the handling of foreign-related economic and social affairs according to law, enhance our voice and influence in international legal affairs, and use legal means to safeguard China's sovereignty, security and development interests. We should strengthen foreign related legal services, safeguard the legitimate rights and interests of citizens and legal persons in China and overseas citizens and legal persons, and safeguard the rights and interests of overseas Chinese according to law.

If there is a position, there will be more action. It can be said that the decision clearly defines the important position of foreign legal services in the legal service system and foreign related legal work, and points out the way forward for the development of China's foreign-related legal services industry, and vigorously develops the foreign-related legal services to the height of the major decisions of the party and the state. At the same time, in line with the decision of the party, the State Council issued the "12th Five-Year plan for the development of service industry" as early as 2012. In this plan, the government explicitly put forward "to enhance the opening level of the legal services industry, and create a number of internationally competitive legal service institutions. We should increase policy support and protection for the legal services industry, improve the development environment of the legal services industry, improve institutional mechanisms and policy guarantees, expand the scale of services and services, improve service levels and service quality, and raise the level of internationalization and international competitiveness. It can be said that no such an era has ever been so comprehensively promoting the rule of law. No such an era has ever attached importance to the construction of foreign-related legal services.

Two, the new normal development of China's economy, especially the implementation of a new round of high-level opening up, has brought unprecedented opportunities for revitalizing foreign legal services.

In May 2014, when general secretary Xi Jinping visited Henan, he first mentioned the "new normal" of economic development for the first time. In July 29th of the same year, general secretary Xi Jinping proposed at the forum of non party personages to adapt to the "new normal" of the economic situation. In from August 4th to 7th, the people's Daily published a special report and commentator article on the front page for 4 consecutive days to analyze the "new normal" of China's economy. At the next meeting of the central economic work conference held in from December 9th to 11th, it is clear that we should "accurately grasp the new normal of economic development".

In the "government work report", Premier Li Keqiang stressed the need to "actively adapt and lead the new normal economic development", and put forward specific requirements for the implementation of a new round of high-level opening up and speeding up the construction of a new open economic system.

The new normal economic development, especially the implementation of a new round of high-level opening up, has brought unprecedented opportunities for legal services, especially foreign related legal services. Foreign legal services should also adapt to this situation with their new normal, leading the situation and providing quality and efficient legal services. The new normal of foreign legal services should first emphasize "adaptability". Chinese lawyers must firmly establish the "service concept" that serves the economic development and serve the overall situation of opening up. We should fully understand the "subordination" and "adaptability" of legal services, deliberate the law of international economic development, the legal service needs of China's reform and opening up and economic construction, and the mode of providing services for innovation. If we do not know, do not understand, study or grasp economic laws and economic policies, our legal service industry will always be in a state of "blindness", "blind obedience" and "blindness". The phenomenon of slow response, slow action, and can not keep up with others will happen everywhere and cannot be changed.

The new normal of foreign-related legal services should emphasize "initiative" at the same time. Lawyers fight on the front line of foreign-related legal services, which not only satisfies the legal service needs of foreign-related commercial subjects and all kinds of other subjects, but also understands and understands their business and other needs and demands; and more importantly, the customer resources of lawyers are important information resources, capital resources, and project resources. In today's big platforms, big data, big channels and big service times, lawyers can be regarded as "big platforms" with "big data" and "big service" in mastering "big channels". The value of lawyers is not only reflected in the "normalization" of escorting, but also more importantly reflected in the "leading nature" of adding fuel to the flames. As general secretary Xi Jinping said, playing the rule of law, of course, includes the regulation, guidance and promotion of legal services.

Three, improve the system of foreign laws and regulations, and put forward a higher level of participation in the development of foreign-related legal services.

The decision pointed out that we should "adapt to the deepening of opening up and improve the system of laws and regulations concerning foreign affairs". According to the statement by Vice Premier Wang Yang, who is in charge of foreign related legal work, in the coming period, the improvement of China's foreign related laws and regulations should focus on strengthening the following tasks: first, to perfect the legal system of foreign trade; two, to formulate a unified foreign investment law, especially to implement the foreign investment management mode of negative list; three, to introduce laws and regulations on foreign investment as early as possible; four, to build a Chinese foreign aid legal system with Chinese characteristics; five, to perfect the laws and regulations governing the administration of foreigners' services; and six, to accelerate the construction of laws and regulations for consular protection. Premier Li Keqiang also pointed out in his "government work report" that "we should revise foreign investment related laws, improve the supervision system of foreign investment, and create a stable, fair, transparent and predictable business environment". In the process of perfecting the laws and regulations, the function and value of lawyers are indispensable. As the "decision" points out, to "further advance scientific legislation and democratic legislation", we must "improve the way and mode of the legislature leading and orderly participation in legislation by all sectors of society", and "explore the draft of laws and regulations entrusted by third parties".

We say that "good law is good governance" and good law is the prerequisite for good governance. The result of legislative work should be good law, but in objective practice, there are still some waste laws and even bad laws in our foreign laws and regulations. The useless law not only wastes a lot of legislative resources, but also harms the value of the rule of law. What is more, it believes in law and upholding the rule of law. Harmful evil laws not only impede the development of productive forces and opening to the outside world, but also give greater power to the subjects and opportunities offered by law. However, there are a lot of laws and regulations between the good law and the abolition of evil, which are not very targeted and weak in operation.

The majority of lawyers have been formally specialized in law education, and their awareness of the rule of law and their legal literacy are relatively high. Their professional characteristics determine their knowledge of the world. More importantly, if we know the leaks are in the universe, we know that those who have lost their jobs in Kusano do not have enough legal policies. It can be said that almost no occupation, such as lawyers, goes deep into all aspects of politics, economy, culture and social life. From the vertical to the horizontal, from the horizontal to the bottom, the party, the government, the military and the people, and the East, the West and the north, there is no doubt about it. Precisely, it can accurately grasp the "greatest social common divisor" or even the "greatest international common divisor". Its fully participating laws and regulations are naturally well targeted, highly operable, and without the need for quality, and the natural law of natural law is achieved through the statutory legislative procedures.

Over the past four or thirty years, the development and standardization of China's lawyers have laid a solid foundation for the development of foreign-related legal services.

Professional team (yesterday, vice minister Zhao Dacheng of the Ministry of justice at the "e living room of two sessions") said that as of the end of 2014, there were 271 thousand and 400 lawyers in China, including more than 240 thousand full-time lawyers, more than 10 thousand part-time lawyers, more than 6800 public lawyers, more than 2300 lawyers, and more than 2.21 law firms. Especially in the north of Ningjin, Guangdong Province, a large number of foreign-related legal services have been trained in a large scale, professionalized, standardized and internationalized. They have achieved a number of international vision, professional standards, diligent and diligent foreign-related legal talents, and have more concern and support from business departments, judicial administrative departments and law schools, thus laying the foundation for the development of foreign-related legal services and creating conditions. After more than 30 years' development of China's legal profession after reform and opening up, 270 thousand lawyers have been formed in China. The National Law Association has attached great importance to the cultivation of foreign-related legal talents. So far, two training courses for foreign legal professionals have been held, and two outstanding lawyers have been selected to go abroad to exchange, which has greatly enhanced the combat effectiveness of China's foreign-related legal service teams.

We say that China's economic development must have a global perspective. In the autumn of 2013, during his visit to Central Asia and Southeast Asia, President Xi Jinping proposed the idea of jointly constructing the Silk Road Economic Belt and the economic Silk Road in twenty-first Century, and set up a new pattern of all-round opening to the outside world under the new situation. In his yesterday's "government work report", Premier Li also pointed out that "promoting the cooperative development of the Silk Road Economic Belt and the maritime Silk Road in twenty-first Century", "building the economic corridor of China, Pakistan, China, India and Burma," and "striving to complete the China ASEAN Free Trade area upgrading negotiations and the regional comprehensive economic partnership agreement negotiations, and building the Asia Pacific Free Trade Zone". Similarly, our legal services should also have and should have a global perspective. Our foreign-related legal services should study and deal with the legal services in the construction and practice of "one area and one side", and follow the "going out" of China's economy and go out together. In addition, strengthening cooperation among BRICs, building an upgraded version of Sino African cooperation and launching the Asia Pacific free trade area are also worthy of our attention, research and service. It can be said that there are many problems, many opportunities and many challenges ahead of our foreign lawyers' professional team. But we should be able to have the vision, wisdom and strength to provide quality and efficient services, and to realize the new development of China's foreign-related legal services.