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Researches On The Criminal Legal Aid System

Posted on:2002-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:H P WuFull Text:PDF
GTID:2156360032955716Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal legal aid system means countries reduce and remit fees to provide criminal legal service for poor clients and clients in special cases. Criminal legal aid system has been accepted by most nations now, and Universal Declaration of Human Rights holds it as a principle to safeguard human rights. Contemporary countries have the responsibility to carry out criminal legal aid for people so as to safeguard basic human rights and pursue justice.The merit of criminal legal aid system includes following three aspects: firstly,criminal legal aid system embodies the principle of "equality of all people under law". Secondly,it is necessary for maintaining the balance between the accused and the prosecution and realizing justice to set up criminal legal aid system. Thirdly, criminal legal aid system is important to consummate social guarantee system.There are two kinds of criminal legal aid mode in the world; one is private corporation mode represented by Britain and United States. Under private corporation mode, self-governed private party, organization, lawyer and lawyer association conducts the operation of legal aid. The other is nation welfare mode represented by Sweden and Denmark. Under nation welfare mode, reducing and remitting fees of legal service and litigation becomes an efficient way to solve people's trouble in social guarantee system.With the modernization of our country and the innovation of legal service, people's democracy and law consciousness has greatly improved. The demand for the operation of legal system is higher. It is inevitable to set up new legal aid system. Judicial department suggested that our country should establish legal aid system in 1994. Later, our country set up legal aid system in amendatory Criminal Procedure Law and Law of Lawyers in 1996. The trend of criminal legal system is good, but there are still some problems. It is necessary to establish uniform Legal Aid Law. Specially, we can start from the following aspects:Firstly, by comparison between two modes, we discover that both the private corporation mode and nation welfare mode have their own virtues and their own defects. But according to the situation of our country, it is necessary to choose nation welfare mode. Secondly, from the angle of consummating the criminal legal aid institution, organization guarantee is in prior position to implement the legal aid system. According to the law, it is the duty of the Justice Department who is in charge of social law service to manage criminal legal aid in our country. So we should set up united organization system of criminal legal aid. Thirdly, we should define implementing main body and responsibility. Last, since country has draw up new law to protect human rights, he has the responsibility to provide free criminal legal aid for those people who can not afford fees of legal service. Country should provide necessary guarantee to establish and implement criminal legal aid system.
Keywords/Search Tags:Legal aid, Criminal legal aid system, Equality of all people under law, Social guarantee system, Criminal legal aid mode
PDF Full Text Request
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