Study On Government Responsibility In Legal Aid

Legal Aid is an inevitable result of legal system and legal culture development .In the modern word, A perfect Legal Aid System is an important signal of democracy and legal system civilization. Legal Aid System has a development history of thousands of years in western countries. Legal Aid System, stcirting from the need of judicial profit, was mainly expected as the charitable act of lawyers. Accompany with the progressing of the western legal system civilization, the fundamental of international organizations and international human right organizations, and with the publication of articles on human rights protecting and signature of international pacts by majority countries, Legal Aid has become apart of judicial system, and an important measure of human rights protecting. Furthermore, the aid object and scope expands a lot. Legal Aid is now becoming a compelling obligation of the Government.Since the starting of Legal Aid in 1994 in the mainland, it has had a prosperous progressing. On Sept. 1, 2003, the 《legal Aid Regulations》 which was published by the Central Government was put into effect. The report of 16th Conference of the Party promoted, "Expand and regulate the legal service, actively develop the Legal Aid System", which shows the principle of "Everybody is fair before law" and represents the development of our socialism democracy and legal system construction. However, there is still some problem in the implementation of Legal Aid System, among which the government responsibilityis the basic problem. In our Legal Aid legislation and implementation, the government responsibility in Legal Aid is changed into that of lawyers' , the finance expense is too few to fulfill the need of society. And at last conflicts appear between the huge need and limited Legal Aid resource. The main reason is that our government didn't fully implement the Legal Aid responsibility. In this article, the author discusses the government power source, the function of Government Legal Aid in national, legal construction, judicial structure, human right protection and harmonious society building, to elaborate the basic theory of Government Legal Aid responsibility. Through the introduction of source^development and the present situation of Legal Aid System in western countries, the author concludes that it is an international regulation that the government undertake the responsibility of Legal Aid. Through the introduction of the set up, development and implementing process of the Legal Aid System in our county, the author confirms the achievement we have achieved and analyzes the existing problem, which mainly impute to the government responsibility. At last, the author gives some effective method to solve these problems.