| Legal aid is a kind of system wherein the country law help free or in less expenses to those parties with economic difficulty or in special cases in the style of legalization and systemization to guarantee the realization of basic social rights. It is the judiciary aid system popularly adopted by every country in the world. From the point of nature, legal aid is the social right which should be enjoyed by citizens, an obligation the country should make, also an important way for citizens to realize their basic social right. It has the following unique functions: protect judiciary human right, social guarantee, keep social order stable and perfect law and regulation. Our country's legal aid appears with continuous perfection of socialism legal system .In the long developing history of old China's law system, there never formed legal aid. After the new China was founded, though there were some contents about legal aid in some national laws and regulations, the complete legal aid system was still not produced. After the reform and open policy was carried out in China, especially after the judiciary department formally proposed to set up legal aid system in our country in 1994,and with the publication and implementation of new "criminal lawsuit law" and "lawyers law", the legal aid system was officially established. At present, local regulations about legal aid come into being in some province and cities, however, the unified national legal aid law is till not formed.During the course of composing our country's legal aid system, especially of discussing the legislation of our country's legal aid, it's inevitable to absorb and refer to earlier models of western legal aid systems and legislation. According to the characteristics of our socialism country and the concrete conditions, between the two models of western countries' private association legal aid system and that of national welfare type, the latter should be the model worth of using for reference in the construction of legal aid system. In legislation, to adopt unified national legal aid law accords more with our country's practical situation, and it's more helpful in promoting the development of our country's legal aid cause. Organizational position, implementing body, objective definition scope of accepting case and the funds of legal aid and other problems are the key concerns which are in great need of settlement in the legislation of legal aid. Organization of legal aid to be established by the country which should be clearly defined in legislation, which is an administrative organization of legal aid and is in charge of macroscopic management of legal aid, it doesn't settle directly the case of legal aid, the implementing body of legal aid not only includes lawyers, it should also absorb notary, law service workers in basic level; the object of legal aid mainly concerns who in what condition can be the main part accepting the aid. It should be defined that our country's citizens and some concerned foreigners are the objects in our country's legal aid but the legal person should not be the object accepting the aid; the scope of accepting case of legal aid can be divided into the legal aid business in lawsuit procedure and that in nonlawsuit procedure, the former can also be divided into criminal, civil and administrative lawsuits; the funds of legal aid is the bottle neck in controlling the development of the legal aid cause, the national nature of our country's legal aid determines that the aid funds must be supported by the country, it should be described definitely that fund in legal aid is to be guaranteed by the national financial budget. Through the comparative analysis to western country's legal aid system combining the practice of legal aid in every place of our country, the article proposes some ideas to improve our country's legal aid system, especially to perfect national legislation of legal aid.
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