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Talk About The Theory And Application Of Legal Aid Legislation

Posted on:2005-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YaoFull Text:PDF
GTID:2156360122499715Subject:Law
Abstract/Summary:PDF Full Text Request
This is a specialized thesis on the issue of the legislation of legal aid in China, in which comparison is made between Chinese legislation and western legislation by means of explaining and analyzing the urgency and necessity of legislation, conditions and opportunities of legislation, the essential content of legislation and so on,and several useful and tentative plans and proposals are put forward with an aim to perfect the legislation of legal aid by way of associating with the reality in China inseparably. Meanwhile, it is compared with the recently promulgated "the Legal Aid Regulations" in order to make further explorations and attempts for the search of the legislation of legal aid in China , which is of great significance for the application and development of legal aid and will make great contribution to the legitimized course of legal aid in China.This thesis consists of four parts.The first part is concerned about the necessity of the legislation of legal aid in China. It states the necessity and urgency to make a unified law of legal aid in China from nine aspects——realizing the constitutional principle "Men are equal in front of law" and defending the impartiality of the lawsuit procedure,specifying the state responsibility,performing international obligations,perfecting national legal system,strengthening agency and ensure expenditure,embodying the "Four Unifications" principle of legal aid procedure,promoting the relationship between the legal aid agencies and law courts,regulating lawyers' assumption of legal aid responsibility,entitling the legal aid agencies to administration and supervision of social clubs as well as schools. It focuses on the demand of perfecting legal aid system in view of its own nature and involves some important problems that have great impact and restrictions on the existence and development of legal aid system.The second part is to analyze conditions and opportunities of the legislation of legal aid in China. Considering the objectivity and timeliness of the written law,we think it is time to make such a legislation. From the aspect of legislative conditions,many years' practice by the local legal agencies,the establishment of typical formulae of work and the application of local legislation enable us to accumulate precious working experience;legal aid practitioners,experts and scholars have produced a series of works by conducting research on domestic application of legislation and foreign countries' law system of legal aid, which lays a solid theoretical foundation for Chinese legislation. The maturity of legislation implies such a legislation is necessary and up-to-date,which is illustrated by analyzing the following aspects:the performance of the "16th Congress Spirit" and application of "Three Representatives",the realization of social development —— establishment of the legal aid system,perfection of social security system and the harmonious and consistent development of national economy and society.The third part gives an overall explanation of the content of Chinese legal aid laws. By studying the typical mode of today's world legal aid system,domestic legal aid statute as well as legal documents,the achievements of legislation study are being put into use in the course of analysis and demonstration of the essential content of Chinese legal aid laws by picking over the foreign laws and theories in a scientific way. Here follows the classification of its framework and content:Firstly,the initial problem of legislation of legal aid is the definition of its subjects,who can be classified into two kinds: general subjects and special ones according to the basic principles they have to follow and the nature of the case with the accused. This thesis has respectively given statements to the qualifications and requirements of two kinds of legal aid subjects. The general subjects must meet the economic requirement(that is,applicants can't or can't fully afford the cost of legal service because of poverty or economic diff...
Keywords/Search Tags:Application
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