The concept of legal service legal service refers to the professional activities provided by lawyers, non-lawyer legal workers and legal professionals (including in-service personnel within legal persons, retired political and legal personnel, etc.). ) or relevant institutions use their legal knowledge and skills to realize their legitimate rights and interests for legal persons or natural persons, improve economic benefits, eliminate illegal infringement, guard against legal risks and safeguard their legitimate rights and interests.
Types of legal services
Grassroots service Grassroots legal service is a legal system with China characteristics, which is produced to meet the needs of reform and opening up and strengthening the construction of democracy and legal system. Over the years, under the correct leadership of the government and the strong supervision of the National People's Congress, grassroots legal services have adhered to Deng Xiaoping's theory of democracy and the rule of law and Theory of Three Represents; Guided by important thoughts, based on the implementation of the basic strategy of governing the country according to law, in accordance with the overall requirements of governing the country according to law, closely around the overall situation of reform, development and stability, and comprehensively implement "big services"; Work policy, conscientiously implement the provisions, all localities in practice continue to explore "reform and innovation to promote development, integration of functions to promote efficiency; The new method has gradually formed a new pattern of grassroots legal services with "sound institutions, clear responsibilities, perfect facilities, standardized operation, high quality and high efficiency", giving full play to the unique role of "serving one party, promoting one party's prosperity and ensuring one party's safety".
Public Legal Services Public legal services are provided by judicial administrative organs as a whole, aiming at safeguarding citizens' basic rights, safeguarding people's legitimate rights and interests, realizing social fairness and justice, and ensuring people to live and work in peace and contentment. Specifically, it includes: providing universal education of legal knowledge and cultural activities of the rule of law for the whole people; Providing legal aid to the parties involved in financial difficulties and special cases; Carry out legal services such as public welfare legal consultant, legal consultation, defense, agency, notarization and judicial expertise; People's mediation activities to prevent and solve civil disputes. At present, public legal services are mainly provided by local public legal service centers and 12348 legal consultation hotline. The contents of legal services include litigation services and non-litigation services.
Litigation services provide litigation agency and arbitration agency non-litigation services for various economic, civil and administrative cases.
(1) Consulting and clerical services
1, legal consultation and writing litigation documents. The statement includes: litigation documents, including indictment, defense, appeal, petition, etc. ; Relevant legal documents, including power of attorney, will, etc. ; Non-legal documents.
2. Issue legal opinions. A legal opinion refers to a lawyer's written legal opinion on relevant facts and actions based on the factual materials provided by the client, which correctly analyzes and expounds the law.
(2) Special legal services include matters related to the establishment and dissolution of the enterprise, general legal affairs in the daily operation and management of the company, special legal affairs such as company investment and project development, financial financing, securities business, acquisition and merger, leasing, contracting, custody, intellectual property rights, enterprise labor and personnel, etc.
2. Special legal services for construction and real estate include planning, participating in negotiations, preparing application documents and submitting for approval on behalf of the company; Legal affairs in land requisition, assignment and transfer of state-owned land in the stage of land use right acquisition; Document handling, dispute resolution, document submission and other affairs in the demolition stage; Preparation, drafting, review of bidding documents and supervision of the performance of engineering and equipment contracts in the construction stage; Sales, leasing, mortgage financing and other links in the real estate operation stage; Related affairs in the stage of property management.
3. Special legal services for finance, securities and insurance include legal consulting services for financial institutions, legal services for deposits and loans, legal services for bills, trusts, foreign exchange, legal services for futures and bonds, legal services for international settlement and financing, legal services for insurance, credit cards, electronic banking, online payment and legal services related to the establishment of foreign-funded financial and insurance institutions.
4. Intellectual property special legal affairs include intellectual property declaration agency, property management assistance, property transfer agency, special intellectual property agency, ownership agency, infringement agency, technical comparison consultation and dispute agency, and provide all-round intellectual property legal services with copyright law, patent law, trademark law, technology contract law, information network law, trade secret law, unfair competition law and anti-dumping law as the main contents.
5. Business account management and non-litigation collection.
(3) Other non-litigation legal business.
1. Enterprise credit investigation includes natural person's household registration certificate, marital status, real estate registration, ship registration, mortgage registration, industrial and commercial registration, industrial and commercial annual inspection, branches, investors, creditor's rights and debts, investment, assets, etc.
2, the witness accepts the entrustment of the parties or with the consent of the parties, to review and prove the authenticity and legality of the application matters of the parties.
3. notarization.
4. Negotiation, negotiation, drafting, review and modification of agency contracts and agreements.
Legal opinion is a comprehensive written document for lawyers to provide legal services. Its contents include providing consultants with
Legal basis: legal advice and methods to solve problems.
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 1 This Law is formulated with a view to improving the lawyer system, standardizing lawyers' practice behavior, ensuring lawyers to practice according to law, and giving full play to lawyers' role in the construction of socialist legal system.
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.