The Investigation For Some Issues Of Legal Aid System

Legal aid system is a legal system in which the country provide the helps of free and decreasing fee for the poor and the party of special cases in order to ensure to carry out their advantage. It is adopted by most country of the world. Legal aid system has centuries-old history in the West countries, and has been formed whole and practical legal system. In our country the legal aid system established very lately. Although at the beginning of PRC, there were the contents of legal aid in some law, it looked odd and lacked whole effect. Especially, our country is at the new situation in which the innovation and opening are deepened and socialism market economy system is established progressively. The regulations existing in individual law have not adapted the needs of social development. It is necessary to set up the Chinese characteristic legal aid system. At the beginning of 1994, the Justice Department advanced the conception of legal aid system and made experiment in the big and medium cities. The Justice Department Legal Aid Center and China Legal Aid Foundation which were approved by state department were founded on 26th May,1997. Up to now the legal aid centers of every region have accumulated abundant practical experiences. In our country some research harvests have been published in succession. But the past research refined to introduce the foreign legal aid systems and the particular experiences of our legal aid works. It is short of theoretical research, especially in some aspects such as how we should establish the Chinese characteristic legal aid system, the organization and form, subject, qualification, procedure, funds source, and legal system ensure, etc. Whereas I choose the subject of the Investigation for Some Issues of Legal Aid System in my thesis. I consulted a great deal of information, studied and used for reference the research harvests of many colleagues. The contents of the thesis include: 1.The theory foundation of legal aid system. The research include what is country's obligation in legal aid system, the signification of legal aid in the modern law and rule country, the connection between justice and equality right, etc. I think I should demonstrate this issue at first, it will help to explain the essentiality of legal aid, transform the idea, strive for the sustain of government and society. 2.Legal aid adjust the case ranges and objects. The purpose is to make clear what cases should be dealt with and which objects should obtain the legal aid. The object issue refer to how we make sure the jurisdiction, according to the person, the area or comprehensive elements. I consider it will accord our country's fact if we use the area elements. 3.The organization and subject of legal aid. This research will resolve who will supervise and carry out the legal aid. The key point is the connection between legal aid and country, lawyer group, society, individual, and character, responsibility, structure of the organization of the legal aid. 4.Outlay source of the legal aid. Outlay is the ultimate guarantee of dealing with the legal aid. This aspect will discuss how we put into effect the outlay and how we control and save the expenses. 5.The procedure of legal aid. What the signification of the procedure have two points. On the one hand, it ensure the legal rights of the subjects. On the other hand, it ensure the validity and equity of the justice organization. Through making use of foreign succeeding experience and practice of our legal aid, the thesis sum up four phases of the legal aid procedure: application, examination, approval and implementation.