As For Establishment Law Help To Guarantee A Conceiving Of Fund

The legal aid system began in the 19th century England, followed by national attention, and gradually developed into the maintenance of social equity and justice-an irreplaceable system. The legal aid system in our country, but with the legal aid system in England than the origin, development, basically, is along the same path—along with the country's political, economic, and cultural change and evolution. Legal aid Foundation as engaged in legal aid activities by non-governmental organizations, engaged in the Government have provided basic protection legal assistance activities, its scope, content and form of Government than to legal aid is more general and many activities. China's entry into the legal assistance Foundation of legal aid service areas, it is only after 1997. At present the nation only has five legal help specialized foundation, relatively speaking, foundation quantity and the service scale still disliked are too few, does not favor the omni-directional help being supported person.As a result of the code of civil procedure section 92, 93, section 98 for property preservation and advance execution to the applicant a mandatory obligation to those who really have economic difficulties, the applicant has set the effective realization of the aspirations of insurmountable obstacles, so that the functional role of legal aid in judicial practice greatly reduced, on the protection of the economic difficulties of the lawful rights and interests of the very negative. According to the author, explains the security and economic difficulty problem exists between more than one path. The author recommends that create legal assistance guarantee fund, administered by the Fund as a guarantor, to guarantee the economic difficulties, so that economic difficulties can start in a timely, effective, practical property preservation program, effectively safeguard their legitimate rights and interests. This article is to take a comparative analysis of methods on the current system of legal aid and legal assistance Foundation's status, stating that the current legal assistance activities in judicial practice, and by drawing on the experience at home and abroad, and proposed the establishment of a legal aid guarantee Foundation seeks to explore the concept of a solution, to effectively address the economic difficulties in the action of warranty issues.This article by the preamble, the thesis subject, conclusions and references in four parts. The main part of the thesis consists of the following five chapters: The first Chapter: overview of the legal aid system. This part of the author describes the legal aid system of the origin, development and the status quo, the value of the legal aid system and our legal aid system in the gradual establishment of a better protection of the legitimate interests of the disadvantaged groups.The second Chapter: overview of the legal aid Fund. By introducing the United Kingdom and China's legal aid Foundation of profiles, comparison methods, taken from domestic and international experience, in order to expand and improve the provision of legal assistance activities in China.The third chapter: legal aid Foundation of running analysis. Through the analysis of China's legal aid Foundation of the nature and characteristics, and government legal aid activities and the status quo, pointed out that China's legal aid Foundation of existing problems and deficiencies, and to further improve the system of legal aid Foundation. The fourth chapter: Establishment legal help guarantee fund necessity and feasibility. This chapter first introduced that our country property preserves and is before the execution guarantee system's present situation, the union typical legal help case, the analysis being supported person the guarantee difficult position which first when the application property preserves and gives execution faces, proposed that solves this difficult position necessity and the method, and through stratification planes and so on legal policy, fund movement, configuration of organization, judicial practice, economy and spirit further elaborates the establishment legal help guarantee fund feasibility, provides the basis for the next chapter of establishment conception.The fifth chapter: The legal help guarantee foundation sets up, the management and the function extends. Proposed that the legal help guarantee foundation sets up the conception, to guarantees aspects and so on foundation's nature, management, fund raising to carry on the idea to elaborate, and discusses the guarantee foundation's function to extend positively.