| At present although Chinese Ministry of Justice has enacted the criminal legal aid case quality evaluation criteria,this criteria doesn't cover criminal investigation,examination and prosecution,criminal justice,death sentence reviewing,and it have not been established the corresponding evaluation mechanism and legal protection measures.Therefore,Chinese criminal legal aid case quality evaluation index system has not been built thoroughly.It is the primary problem to improve the quality of criminal legal aid cases that we discuss how to construct criminal legal aid case and what kind of criminal legal aid case we need to evaluate "beforehand","in the process" and "afterwards".Constructing the quality evaluation index system of criminal legal aid cases can not only cooperate with the reform of criminal procedure mechanism to realized judicial procedure justice,but also improve the quality of criminal legal aid cases to realized judicial essential justice.At the same time,it is legitimate and feasible to construct the criminal legal aid case quality evaluation system in China.The main embodiment of legitimacy is that the evaluation index system is not only the objective demand of the modernization criminal legal aid governance system and the state fulfillment of obligations,but also the inexorable trend of the expansion of the the rule of law evaluation and the further improvement of the evaluation standard.The evaluation index system can also promote the government to fulfill the obligation for criminal legal aid,increase the credibility and legitimacy of the government's decision-making,and enhance the government's regulatory ability on controlling the decision-making.The feasibility is mainly reflected in that the construction of the evaluation index system has legal sources including the constitution,international law,policies and laws.Meanwhile,it has practical basis of the evaluation pilot,and it also has the construction conditions in the aspects of national evaluation standards,evaluation organization and evaluation personnel safeguard,information network technology development.After investigating the current situation of Criminal Legal Aid cases which assement of the quality in China,it is found that the assessment of Criminal Legal Aid cases‘ quality in China has gone through several stages,from starting,exploring to developing.In 2019,the Judiciary promulgated the standards of the assessment of the criminal legal aid cases' quality ‘ and its evaluation instructions,which is a milestone event in the construction of China' s Criminal Legal Aid cases quality evaluation index system.Since then,China has a national standard for the assessment of Criminal Legal Cases‘ quality.Although this standard is far from the evaluation index system,it has at least taken a big step.The promulgation of this standard also makes the operation mode of China's Criminal Legal Aid cases' quality assessment increase to two kinds: one is the administrative evaluation led by the judicial administration department;the other is judicial adjudication evaluation dominated by the Supreme People's court.The construction theories of the index system under the two modes have similarities and big differences.In addition,from the operation status of the Criminal Legal Aid cases‘ quality evaluation which pilot work in H Province,the self-made evaluation index of Criminal Legal Aid cases' quality still has great room for improvement in the evaluation pilot operation.There are still many obstacles in constructing the quality evaluation index system of criminal legal aid cases in China.Among them,the conceptual obstacle is the first and the main aspect of the contradiction.The conceptual obstacle is mainly manifested in the fact that scholars do not clearly recognize the importance of the evaluation index system,in advancing the modernization of the criminal legal aid governance system and governance capabilities in theory and practice,which leads to strict distinction between civil legal aid cases and criminal legal aid cases when the evaluation criteria are formulated.The evaluation index system is very random in application,so scholars could get assessment results quickly.Mechanism obstacle is mainly manifested short of an independent selection mechanism,the operational evaluation methods,the evaluation review system,the evaluation result application system,and the evaluation funding has not been applied in the specialized sequence.The main reason is the prominent contradiction between the low value of the evaluation index system and high demand of criminal legal aid,the unreasonable case acceptance standard and the criminal justice reform in the context of trial-centered background,the enthusiasm of lawyers to participate in criminal legal aid and the high requirements of criminal legal aid,the low quality of criminal legal aid cases and the people's pursuit of judicial justice is prominent.It is shown that there are many similarities and differences between Chinese and foreign evaluation indexes of criminal legal aid case quality,through the comparative study of Chinese and foreign evaluation indexes.Both of them have relatively clear evaluation standards for the quality of criminal legal aid cases.The evaluation objects are mainly reflected in the service quality of lawyers undertaking criminal legal aid cases.Many countries have widely used Peer evaluation system,and most of them have established special management systems for major cases.The differences of evaluation indexes between China and foreign countries are mainly reflected in the different subjects of the quality evaluation of criminal legal aid cases,the different quality of monitoring evaluation,and the different perfection of the evaluation feedback mechanism and supervisory mechanism.Therefore,China should learn from foreign experience,explore the diversified mechanism of the main body of the evaluation,and set up the dynamic evaluation index systems,in the process of constructing the evaluation index system of criminal legal aid case quality.At the same time,China should establish unique criminal quality evaluation mode and supervision institutions with Chinese characteristics.The construction of the quality evaluation index system for Criminal Legal Aid cases should be guided by People-centered and equal protection principle,and adhere to the principle of legality and reasonableness and the principle of technical construction.On the premise of meeting all the construction elements of the evaluation index,then resolve who will evaluate,When to evaluate,which stage to evaluate,where to evaluate and other applicable evaluation issues,construct a set of evaluation index system that can effectively improve the service quality of Criminal Legal Aid cases and guarantee the legitimate rights and interests of the recipients.After the completion of the construction of the index system,it is necessary to ensure the effective operation of the quality evaluation index system for Criminal Legal Aid cases.This requires that under the premise of promoting the concept transformation of the Criminal Legal Aid case quality evaluation index system.First,the index system should be provided with operation mechanism guarantees,multiple measures should be taken to promote the modernization of the evaluation index system,and constantly improve supporting mechanisms for operation.In addition,it is necessary to provide legal protection for the operation of the Criminal Legal Aid cases‘ quality evaluation index system,correct positioning the Criminal Legal Aid cases' quality evaluation index system in China's Legal Aid legislation.Ensuring the evaluation index system can be run effectively,and take it as an important component to accelerate the construction of the public legal service system. |
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