the concept of legal service legal service refers to the professional activities provided by lawyers, non-lawyer legal workers, legal professionals (including on-the-job personnel within legal persons, retired political and legal personnel, etc.) or relevant institutions with their legal knowledge and skills to realize their legitimate rights and interests, improve economic benefits, eliminate illegal infringement, prevent legal risks and safeguard their legitimate rights and interests.
Types of legal services
Grassroots legal services are a legal system with China characteristics, which is produced to meet the needs of reform and opening up and strengthen democracy and legal system construction. 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 the "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, comprehensively implement the "big service"; Work policy, conscientiously implement the provisions, all localities in practice constantly explore "reform and innovation for development, integration of functions to promote efficiency; The new approach has gradually formed a new pattern of grass-roots 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 protecting citizens' basic rights, safeguarding the legitimate rights and interests of the people, realizing social fairness and justice and ensuring the legal services necessary for 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 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 resolve civil disputes, etc. At present, public legal services are mainly provided by local public legal service centers and 12348 legal consultation hotline. Contents of legal services Legal services include litigation services and non-litigation services
Litigation services Litigation agents and arbitration agents in various economic, civil and administrative cases Non-litigation services
(1) Consultation and clerical services
1. Legal consultation and writing litigation documents. Representations include: litigation documents, including complaints, defenses, appeals, petitions, etc.; Relevant legal documents, including power of attorney, will, etc.; Non-legal documents.
2. issue a legal opinion. A legal opinion refers to a written legal opinion put forward by a lawyer on the relevant facts and actions on the basis of the factual materials provided by the client and the correct analysis and elaboration of the law.
(2) Special legal services include matters related to the establishment and dissolution of an enterprise, general legal affairs in the daily operation and management of the company, and special legal affairs such as investment and project development, financial financing, securities business of the company, acquisition and merger, leasing, contracting, custody, intellectual property rights, labor and personnel of the enterprise.
2. Special legal services for construction and real estate include planning, participation in negotiation, preparation of application documents, and application for approval on behalf of the company. Law-related affairs in land requisition, state-owned land transfer and transfer in the stage of land use right acquisition; Documents handling, dispute settlement, 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 engineering 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 advisory services for financial institutions, legal services for deposits and loans, legal services for bills, trusts and foreign exchange, legal services for futures and bonds, legal services for leasing, legal services for international settlement and financing, legal services for insurance, and legal services related to credit cards, electronic banking, online payment and the establishment of foreign-funded financial and insurance institutions.
4. Special legal affairs of intellectual property rights 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, non-litigation collection.
(III) Other non-litigation legal business
1. Business 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, debts, investments and assets.
2. Witness accepting the entrustment of the parties or with the consent of the parties, examine 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
legal basis for consultants, legal suggestions and solutions to problems.
Legal basis: Law of the People's Republic of China on Lawyers
Article 1 This Law is formulated in order to improve the lawyer system, standardize lawyers' practice behavior, ensure lawyers' practice according to law, and give 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, accepts entrustment or designation, and provides legal services to clients.
lawyers should safeguard the legitimate rights and interests of clients, the correct implementation of laws and social fairness and justice.
article 3 lawyers must abide by the constitution and laws, and abide by lawyers' professional ethics and practice discipline.
A lawyer's practice must be based on facts and take the law as the criterion.
A lawyer's practice should be supervised by the state, society and the parties concerned.
lawyers' practice in accordance with the law is protected by law, and no organization or individual may infringe on 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.