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公职律师激励机制研究 ——以北京市公职律师管理实践为例

Research on the Incentive Mechanism of Public Lawyers—take the management practice of public lawyers in Beijing as an example

作者:任冠群
  • 学号
    2019******
  • 学位
    硕士
  • 电子邮箱
    251******com
  • 答辩日期
    2024.05.23
  • 导师
    陈天昊
  • 学科名
    公共管理
  • 页码
    67
  • 保密级别
    公开
  • 培养单位
    059 公管学院
  • 中文关键词
    公职律师;激励机制;公职律师激励
  • 英文关键词
    Public lawyer; Incentive mechanism;Incentives for public lawyers

摘要

公职律师是政府内部的法律专业人才。推动公职律师广泛参与内部决策、文件合法性审核、行政执法、应诉、依法监督、法律宣传等法律事务相关工作,是我国法治建设的重要内容,有利于从政府内部推进政府依法办事、科学决策,防范法律风险。公职律师概念自1994年被提出后,历经近30年的探索与实践,截至目前,全国公职律师有10万余人,公职律师队伍已初步形成规模,在探索实践中形成了具有特色的管理模式和激励举措,为参与和开展公职律师工作提供了重要借鉴,但仍存在不足和亟待解决的问题。当前公职律师以公务员身份的管理和激励为主,未形成针对公职律师身份方面的系统的激励机制,这在一定程度上影响了公职律师工作积极性,如何激励好公职律师,鼓励他们发挥专业特长参与法律相关工作,值得研究和探讨。本文首先通过文献研究,介绍激励理论以及公职律师激励现状和存在问题,随后介绍我国公职律师发展历程以及在发展过程中广州、厦门和扬州三地形成的具有特色的实践模式。其次,选取北京市公职律师管理实践为例,介绍北京市公职律师发展历程、队伍建设情况和激励现状,分析北京市公职律师激励存在的普遍性问题。然后,通过对北京市公职律师的访谈和问卷调查,深入了解了公职律师个体的激励需求,归纳出公职律师在组织文化、物质保障、职业发展三个方面的具体激励因素,进一步探究激励因素与公职律师工作积极性的影响关系,分析了三个方面因素对公职律师参与工作获得的成就感、满意度和积极性的具体影响,得出实证分析结论,在三个因素中职业发展因素对公职律师工作积极性影响最大,其次是物质保障因素,组织文化因素最弱。最后,结合文献和实证研究结果,对建立公职律师激励机制提出了政策建议。重点要完善公职律师职业发展路线,加强对公职律师工作的指导和支持,细化公职律师管理制度和人才分类管理,开展系统性教育培训,不断提升其专业能力,明确公职律师成长方向,拓展发展空间,推动公职律师发挥更大价值。其次是完善公职律师物质保障,提升公职律师工资优势,为其工作开展和学习进步提供安全的环境和必要的帮助。再次是完善公职律师组织文化保障,明确公职律师身份定位,进一步建立奖惩机制,增强公职律师职业认同感和工作荣誉感。同时对公职律师管理的三方单位提出意见建议,规范管理和激励公职律师。

Public lawyers are legal professionals within the government. To promote the extensive participation of public lawyers in legal affairs-related work such as internal decision-making, legal review of documents, administrative law enforcement, litigation, legal supervision, and legal publicity is an important part of China's rule of law construction. It is beneficial to promote the government to act in accordance with the law, make scientific decisions, and prevent legal risks from within the government. The concept of public lawyer has gone through nearly 30 years of exploration and practice since it was proposed in 1994. As of now, there are more than 100000 public lawyers nationwide who have begun to take shape. In the exploration and practice, some regions have formed distinctive management models and incentive measures, providing important references for participating in and carrying out the work of public lawyers. However, there are still shortcomings and urgent issues that need to be addressed. The management and motivation of public lawyers mainly follow the management and motivation of civil servants, and there is no incentive mechanism for their "public lawyer" identity, which to some extent affects the work enthusiasm of public lawyers.First of all, this article comprehends the concept of incentive theory, examines the present state of incentives for public lawyers, and identifies prevailing issues based on literature research. Subsequently, it introduces the development process of public lawyers in China and the representative management models in Guangzhou, Xiamen and Yangzhou during the development process. Secondly, it introduces the development process, team building situation, and incentive status of public lawyers in Beijing, and analyzes the common problems in the motivation of public lawyers in Beijing. Then, through interviews and questionnaire surveys of public lawyers in Beijing, an in-depth understanding of the incentive needs of individual public lawyers is obtained. The article summarizes three specific incentive factors of public lawyers: organizational culture, material security, and career development. The article further explores the relationship between motivation factors and the work enthusiasm of public lawyers. The empirical analysis result is that among the three factors, the career development factor has the greatest impact on the work enthusiasm of public lawyers, followed by the material security factor, and the organizational culture factor is the weakest.Finally, based on the literature and the results of empirical research, policy suggestions for establishing the incentive mechanism for public lawyers have been put forward. The focus is to perfect the career development path of public lawyers. Strengthen the guidance and support for the work of public lawyers. Refine their management system and the classified management of talents. Carry out systematic education and training to continuously enhance their professional capabilities. Clearly expand the growth direction and development space of public lawyers, and promote them to exert greater value. The second is to improve the material guarantee for public lawyers. Enhance the salary advantage of public lawyers, and provide a safe environment and necessary help for the development of their work and study. The third is to improve the organizational and cultural guarantee for public lawyers. Clearly define the identity positioning of public lawyers, further establish a reward and punishment mechanism, and enhance their professional identity and sense of work honor. At the same time, it is recommended that the three management units of public lawyers regulate the management and motivation of public lawyers.