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Thought In Legal Aid System Of China

Posted on:2011-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhuFull Text:PDF
GTID:2166330332473434Subject:Law
Abstract/Summary:PDF Full Text Request
Legal Aid System,also called legal relief,legal service,is a system of legal remedy adopted by many countries in the world.Under this system,the state,throughout the legal process and at all levels,provides legal assistance,through reduction or exemption of fees,to the underpriviIeged of society who have difficulty safeguarding their own rights through the normal legal means,because of economic problems or otherwise.It has progressed for over a hundred years of history in developed capitalism countries, and also run for decades in developing countries in Africa and Asia. In China, although the system was firstly introduced to establish and implement in 1 994,it has made rapid progress under the support from the country as well as the join efforts of staff members in the career.Problems still arises from the system due to the restriction from Chinese traditional culture of legislation and judicial practices.The system in the country is far to the consummate.The author,being an operator in the career for years, hopes more focus on the legal aid,let the system known in the public and to be known to the operators,in order to seek concern and support from the society.This article is consisted of three episodes.Episode one firstly illustrates the shaping up,gradual progress and development of the legal aid system abroad.Integrated with the real practices in the country,it sets forth the reasonable propositions of the system in China--the government establish legal-aid institutions,the operators from the institutions provides legal assistance to those who have economic problems and special cases through exemption of fees,to safeguard their legal rights.It is a combination of governmental and social action,guided by government management and social action implemented . The legal aid system has the characteristics of governmental support,legality,free of charge,aid and systematism. From four aspectsmthe legislative construction of the legal aid system,the financial support,the personnel training,the strengthening the ability of management in the career,the key concept of the second episode of the article is to expound the significance of the development of the system in the country from it'S foundation ten years ago,and reveals the problems arisingmlegislation needs to be perfected,the lack of operators in both amount and function,the finance can not meet the demand of disadvantaged minority.Drawing on the advanced experience of foreign countries,the final episode of the article goes into the fundamentals of the problems and some opinions on the perfection of the system are given.
Keywords/Search Tags:Legal aid system, Analysis, Problems, Perfection
PDF Full Text Request
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