Font Size: a A A

Studies On Legal Aid System In Terms Of Its Current Situation, Causes And Solutions

Posted on:2007-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X H YiFull Text:PDF
GTID:2166360182488062Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In 2004, the tenth National People's Congress approved a Constitutional Amendment, which presented the growth of our country's legal system from the obligation standard to a rational maturity - the human right standard. In response to the great breakthrough in the view of Human Rights around the country, the Legal Aid System, as a safeguarding system of human rights, should be supplemented and improved so as to reach the international standard. In recent years, the studies on Legal Aid system have been growing. But my literature review finds room for further studies in this area, particularly through the method of case study. Therefore, this study adopts case study method with Tiaojiang County (Hunan Province) as sample. The whole thesis consists of five chapters.Chapter One covers an introduction to Legal Aid theories, an investigation of its law functions and the research questions.Chapter Two introduces the research approach, information collection and sampling. The sample of the study is 2003-2005's Legal Aid work of Taojiang County of Hunan Province. Three years' annual materials of the local Legal Aid center have been collected, the social workers and executive members of the center have been interviewed and thus the current situation of the Legal Aid in the county has been concluded. Plus, 100 copies of questionnaires have been distributed, inquiring into local people and lawyers' understanding of the legal aid situation.Chapter Three mainly discusses the basic situation of the Legal Aid Institution of Taojiang County. In this study, statistical analysis of the center's work has been done, local people's perception of the law has been explored, the cases done by the law bureau and the center have beeninvestigated, and the effect of the cases has been reviewed, and thus the problems exiting in current legal aid system have been found out.Chapter Four probes into the major causes of the situation, which include local people's poor knowledge about the law of legal aid due to the backward propaganda;the conflicts between the limited aid supply and huge social needs;the conflicts between the institutional function and the law system;the confusion of the identity of a lawyer as market-oriented or obligation-oriented;the contradictory between position and practice;the lack of efficient co-operation between the local government departments such as public security, procurator, and people's court, and the center of legal aid;serious inadequacy in fund supply;and the legal aid's development bottleneck.Chapter Five discusses the ways to improve the current legal aid system of our country: 1) innovating the propaganda channels about legal aid system;2) expanding the range of legal aid;3) improving the superior legal aid system and local legal aid system;4) building a legal aid team consisting of legal aid professionals and law student volunteers;Strengthening the responsibility of legal aid staff and building rapport between different departments of the Government;6) setting up the supervision mechanism to ensure high quality of legal aid cases;and 7) establishing a better fund system and collecting funds from the Government and other sources such as NGO, etc.
Keywords/Search Tags:Legal Aid, Legal Aid Center, Vulnerable People, Causes, Solutions
PDF Full Text Request
Related items