Professional article | about the idea of creating a legal service center in Nort

time:2022-05-11  author:Cao Yuanjun  source:

Comprehensively deepening reform, opening up to the outside world at a high level, jointly building the "the Belt and Road" and the community with a shared future for mankind, promoting the construction of an open world economy, actively adapting to the great changes in the world that have not been seen in a century, and achieving another economic takeoff are our basic development strategies in the future.
Shenyang is an important central city of the country, bearing the leading function of the regional development of the northeast old industrial base. "The rule of law is the best business environment" and "the rule of law environment is the most conducive to people and wealth and development". To set up the regional legal service center of Northeast Asian countries in Shenyang, it is necessary to "plan as a whole, pay more attention to systematization, integrity and coordination", and create an international regional legal functional area, which is an effective measure to promote regional economic development.
1、 The necessity of establishing legal service center in Northeast Asia
The rule of law is not only the internal requirement of the market economy, but also the fundamental guarantee of its benign operation. Legal service is an inseparable part of social governance, and its function is an important indicator to evaluate the development level of the world's cities. In the process of modernization of urban governance system and governance capacity, it is inevitable to build a legal service gathering area for urban development.
Located in the center of Northeast Asia, Liaoning Province is the only land and sea dual gateway facing Northeast Asia and an important node province of "the Belt and Road" construction.
Liao Manchuria Europe, Liao Mongolia Europe and Liao Hai Europe are international major channels, connecting the south to the north and the east to the West.
As one of the earliest coastal provinces in China to open to the outside world, in recent years, Liaoning Province has continuously enhanced the internal driving force of the development of opening to the outside world and put forward a series of requirements for legal services. The implementation plan of Liaoning Province's construction plan for implementing the rule of law in China (2021-2025) proposes: "We will deepen the reform and innovation of the legal service industries such as lawyers, notaries, judicial appraisals and arbitrations, cultivate a number of large-scale, powerful, brand-name and high-level foreign-related legal service institutions, and establish a high-quality foreign-related legal service team that is politically firm, proficient in business, familiar with international rules, and has an international vision and international vision. We will actively cultivate foreign-related commercial mediation organizations and strive to build a commercial dispute settlement service in Northeast Asia My heart. We will optimize and expand legal services for foreign-related notarization, explore cross-border online and offline notarization services, and build a platform for foreign-related legal service institutions and foreign-related enterprises to exchange information. "
Shenyang is a hub city in Northeast China. From the perspective of politics, culture, foreign exchange and other aspects, it has the functions of leading, radiating and distributing throughout the country, and conforms to the fundamental characteristics of the National Central City as an important platform and strategic fulcrum of the national development strategy and bearing the national political goals and strategic tasks. To realize the revitalization of Northeast China and promote the economic prosperity of Northeast Asia, we must strengthen the radiation function of legal services in Shenyang. It can be said that the establishment of a national regional legal service center in Northeast Asia and the creation of a national regional legal function zone in Shenyang are important strategic choices for building a first-class legal service highland, which will effectively integrate the original resources and advantages of the city, comprehensively improve the new level of legal construction, optimize the new environment for business development, and drive the development of the whole region.
2、 Feasibility of establishing legal service center in Northeast Asia
Since 2021, Liaoning Province has incorporated Liaoning elements such as the establishment of the Northeast Asia economic and trade cooperation center hub into the national "14th five year plan" and the "the Belt and Road" implementation plan, established the RCEP promotion mechanism, formally joined the Northeast Asia regional local government Federation, issued the Liaoning Provincial Foreign investment guidelines and other policy documents, and deeply integrated into the joint construction of the "the Belt and Road", It provides a series of policy guarantees for the project of regional legal service center of Northeast Asian countries.
On January 26, 2022, the Ministry of Commerce and other departments jointly issued the guidance on the high-quality implementation of the regional comprehensive economic partnership agreement (RCEP). On February 4, China and Russia issued the joint statement on international relations and global sustainable development in the new era, which provided a political environment guarantee for the linkage of the regional legal service center of Northeast Asia with Russia. As far as Shenyang is concerned, the establishment of the regional legal service center of Northeast Asian countries has the following advantages:
(1) Strong geographical advantages
The Northeast Asia economic zone is still in its infancy, and its potential for development is extremely huge. Northeast China is located in the geographical center of Northeast Asia and is the front and main battlefield for China to participate in regional cooperation in Northeast Asia. Relying on its advantages as the economic, financial, scientific and technological and Trade Center City in the northeast, Shenyang occupies a more prominent position in the regional cooperation in Northeast Asia. Participating in regional cooperation in Northeast Asia is an indispensable stage for the revitalization of the old industrial base in Northeast Asia.
(2) Great advantages in legal resources
Up to now, the number of law firms in Liaoning Province is 1289, and the number of lawyers is 18105; There are 860 law firms and 6940 lawyers in Heilongjiang Province; There are 624 law firms and 7473 lawyers in Jilin Province. The number of lawyers in Liaoning is the sum of Jilin and Heilongjiang. Among them, the number of law firms and practicing lawyers in Shenyang has grown to 433 and 6510, ranking first in the country and the province. A group of compound lawyers who understand law, economy, science and technology and foreign languages have been active in various fields of society, economy, politics, culture and citizens' daily life.
(3) The level of economic development is steadily improving
In 2021, Shenyang will achieve a regional GDP of 724.97 billion yuan, and the total economic volume will exceed 720 billion yuan. The economy of the whole city will maintain a good trend of steady progress and steady progress, the production and supply will recover steadily, the demand will recover steadily, the basic people's livelihood will be guaranteed effectively, and the quality and efficiency of development will continue to improve.
3、 Framework structure of Northeast Asia legal service center
(1) Target location
The Northeast Asia legal service center should take the goal of "basing itself on Liaoning, radiating the black, Jilin and Inner Mongolia, influencing the whole country, and facing Northeast Asia", and take the judicial and judicial administrative service institutions, lawyers, notarization, arbitration, judicial expertise and other legal service functions as the core, so as to build itself into a pioneer area for the research and practice of the rule of law in the new era.
1. Integrate diversified development formats. Systematically sort out the industrial structure, regional planning and factor endowment of Northeast China, integrate the development of intermediary services, business exhibitions, modern finance and other diversified formats, and integrate the legal services, legal education, legal culture, foreign legal exchanges and other functions of the whole chain and all factors to form a highly concentrated area of legal resources of "politics, business, science and technology research and enterprises" that is specialized, market-oriented and international.
2. Build a shared digital base. Build the "Internet + law" big data platform into a comprehensive hub for online legal services, a distribution center for legal discourse, an access point for legal products, an experience hall for legal development, and an intersection for the legal market in the future. The platform provides users with all-round and multi-level Internet legal services, the latest and most comprehensive laws and regulations, the most professional and high-end legal related information, advisory opinions and think tank decision-making reference, the most authoritative and timely Internet legal big data report, and the most convenient and feasible solution to the rule of law.
3. Carry out high-energy services. Gather foreign-related legal talents in Shenyang through the platform to provide the best and high-quality foreign-related legal services for the company, enterprises and the masses. At the same time, based on serving the "the Belt and Road" and the development and construction of Shenyang, we will build a cooperation and exchange platform for lawyers and lawyers' organizations in countries and regions related to the "the Belt and Road", organize international conferences, inspections, training and other projects, provide high-quality and efficient legal service support for international economic exchange activities of countries and regions jointly built by the "the Belt and Road", promote the improvement of economic and trade rules of the "the Belt and Road" in Shenyang, and promote the practice of foreign-related rule of law.
(2) Basic framework
Build an international public legal platform. Taking the collaborative drive of "politics, science and research" as the internal driving force, promote the large-scale gathering of high-end legal service institutions and head legal service enterprises, and build an all-round, full chain and professional legal service industry ecosystem of "platform driving layer + core industry layer + related function layer + financial assistance layer + derivative supporting layer".
1. Platform driving layer: take the settlement of judicial and judicial administrative service institutions as the guide, integrate legal education and legal research resources, build an international public legal innovation platform, and form the self growth force of legal service integration and innovation and the traction and concentration of high-end elements;
2. Core industry level: focusing on the four major industries of notarization, lawyers, arbitration and judicial expertise, aiming at the subdivided fields, attracting global leading enterprises and internationally renowned legal service institutions, accelerating the collection of high-quality elements and continuously improving the radiation level;
3. Related functional layer: complete the functions of accounting, taxation, auditing and other related industries, integrate and apply the new generation of information technology such as big data, cloud computing and blockchain, innovate and develop new forms of intelligent legal services such as legal network services, and build an ecosystem that forms a whole industrial chain;
4. Financial assistance layer: to meet the needs of various enterprises in commercial activities, we will arrange supporting services such as finance, finance and listing guidance, and build a financial system with functional supporting services. To help meet the needs of various enterprises to introduce capital and land in the capital market, as well as various legal support for various enterprises in cross regional and transnational commercial activities under the background of the "the Belt and Road".
5. Derivative supporting layer: to meet the business needs of various legal service institutions, accelerate the layout of supporting services such as exhibitions and hotels, and build and form a functional, high-end and high-quality productive service system.
(3) Development planning
The Northeast Asia legal service center determines that the development plan can be established according to the "three-step" model:
Step 1: by 2023, the functional framework will take shape. The regional legal service center of Northeast Asian countries will initially form a siphon effect in 2023, laying a foundation for subsequent construction.
Step 2: by 2028, through three to five years of efforts, we will form a scale and brand, achieve leapfrog improvement in scale and quality, form a mutually beneficial ecology, and become a legal platform with regional influence.
Step 3: by 2033, we will form a high-energy industrial system that comprehensively covers and seamlessly connects international and domestic legal service needs, continue to improve the international legal business incubation mechanism and the international legal talent training mode, continue to export internationally leading legal service solutions, and become a legal platform with international influence.
4、 Construction and operation of legal service center in Northeast Asia
The construction and operation of the Northeast Asia legal service center must adhere to the leadership of the Party committee, the leadership of the government, the responsibility of the competent department, the management of the industry, the cooperation of relevant departments, and the support of all sectors of the society to form a scientific management system.
1. Strengthen organizational leadership. The main leaders of the local Party committee and the municipal government shall take the lead, and the relevant departments of the local government shall be responsible for the top-level design, formulation of plans and schemes, organization of legitimacy and feasibility demonstration, and unified organization and implementation; The Northeast Asia Shenyang legal affairs District Management Committee was established to be responsible for the macro management of legal services in Northeast Asia.
2. Implement administrative supervision. The judicial administrative organ shall give play to the role of the competent legal service department, study and formulate policies to support the construction of the regional legal service center in conjunction with the financial and commercial departments, provide nanny service for the construction and operation of the legal service center in Northeast Asia, coordinate and handle the problems encountered in the construction and operation of the service center, and supervise the regional legal service market according to law.
3. Pay attention to industry collaboration. The bar association and other industry associations should strengthen the establishment of a horizontal contact mechanism and establish a legal service system covering the lawyer industry, notarization industry, judicial identification industry, legal aid and arbitration. At the same time, they should pay attention to strengthening the connection and integration with accounting, auditing, evaluation, information, media and other services to form a comprehensive service system.
4. Actively foster the digital innovation and development of legal service institutions in the region, improve the level of legal services, organically combine "enlargement" with "specialization and excellence", and become bigger and stronger in high-quality development.
5. Attract professionals. We will adopt a variety of ways to extensively absorb various professionals and establish a complete team of legal service professionals. At the same time, it will promote the return of talents from other industries more extensively through demonstration effect.
6. Based on the revitalization of local stock assets, make full use of existing resources to form an organic integration with the innovative development of modern legal service industry. Learn from the practices of brother provinces and cities, and establish legal service industry clusters in specific areas.
7. Carry out characteristic research. Establish special research institutions to conduct in-depth research on the situation, tasks and laws of regional legal services; Organize employees to learn relevant knowledge and improve their business level through centralized training and special forums.