On Improvement Of Legal Aid System In China

The legal aid system provides the citizen with the judicial safeguard to realize their equal lawsuit power, it's the inevitable request to fulfill judicial fair, the specific measures to implement the idea of "the judicature for the people"。The system is of greatest importance and profoundly influential。It can enrich the social welfare safeguard system, better legal regime, alleviate the society to be contradictory, maintain social stability and advance the construction of harmonious society。While with the social development changing in each passing day, our legal aid system in the judicature practice is facing new situations and problems which emerge unceasingly, its development speed appears to lag by far behind the whole society's and is unable to satisfy the weak group's request to gain the legal aid。The present legal aid system only focuses in the civil action, the administrative proceedings the lawsuit expense slow, reduces, exempts, other aid way unusually involves actually, but the general social weak trend community longs for is the comprehensive assistance, is very important besides the lawsuit expense assistance, the legal knowledge deficient also possibly causes the lawsuit which they proposed to request cannot obtain the realization, they need the legal consultation organization the help and judge decipher the instruction in the lawsuit;The present legal aid system removes the criminal prosecution litigant in outside the legal aid front door has loses fairly and just, in criminal prosecution victim in specific situation specially no use to, even more needs the legal aid;The present legal aid object mainly is the economy really has difficult citizen individual and the work for the public good, the business entities, in the practice, the economy really has the difficult other society business entities and the illegal person organizes also massively to exist, they also need the legal aid, all economies really have the difficult citizen,, the legal person, the illegal person organize all to be authorized to obtain the legal aid;The present legal aid main attention is in the lawsuit aid, after but the general social weak trend community also needs in front of the lawsuit and the legal aid, after specially the lawsuit carries out the question in view of the judicial decision, if the judicial decision cannot obtain the effective execution, the weak trend community's benefit cannot obtain protects effectively, before legal aid does not have any significance, therefore, the execution aid extremely is also essential; The present legal aid procedure hypothesis too is simple, stipulated too the principle, lacks the feasibility; The legal aid expense origin always is an unresolved question, the general social weak trend community expects the solid legal aid which does not sell at a discount, does not want because the legal aid expense causes the legal aid system only to be able short to pause on the paper surface, rapidly develops and takes the human rights safeguard modern China in the economy, the country must undertake the legal aid responsibility。This paper not only probes into the survey of current legal aid, but also make a thorough analysis of the problems aroused in the course of legal aid, and points out that we should learn from others to solve the problems。At last, this paper emphatically proposed the specific measures to better our legal aid system。The author thinks the first thing to perfect our legal aid is to consummate the legislation, improve the current malpractice of disperser legislation and low level legislation, adopt unified legislation and separated legislation, formulate "legal aid Law", and the legal aid system may enter the constitution。when conditions are ripe。The principles of the legal aid system should be laid down in the constitution。In this way can we greatly enhance the authority and feasibility of the legal aid system。The conditions of application of judicial relief should be improved to facilitate the courts to decide whether to grant relief and what forms of assistance given to。The ways of legal aid ought to be increased from the lawsuit expense delay, reduction, exemption to the criminal victim judicature rescue, judge's lawsuit decipher power and execution aid, and so on. The legal aid procedure should be consummated, especially the relief procedure of the aid application and the cancellation procedure of the aid decision ought to be cleared, so that it may be guaranteed that the legal aid can finally be suitable to the human who most needs to be assistanced in these。Measures of internal surveillance and outside supervision should be taken to perfect legal aid surveillance。To cease harm to the weak groups, ill-behaved operations in the legal aid practice are forbidden. Finally, the author hopes we can profit from the west's mediate system of outside lawsuit and the lawsuit insurance system to diverge a part of legal aid cases, so as to externally consummate the legal aid system。...