The Research On State Responsibility Of Legal Aid

Thirteen years ago, Chinese legal aid cause was in its infancy, and walked with a stagger, Thirteen years later, it has got tremendous achievements, making Chinese rejoicing and foreigners looking at us with new eyes. However, our legal aid system in the sustainable development process has encountered a lot of obstacles and bottlenecks, such as the guarantee of legal aid funds, Legal aid staff team building and so on. The most important prerequisite to solve these problems is to establish the state's responsibility in legal aid. The responsibility in legal aid taken by the sate reflects the extent of a country's political civilization, and becomes one standard of state judicial protection of human rights. We haven't established the state's responsibility in legal aid until now. And it is still very weak for the research of state's responsibility in legal aid in academic circle. This paper seeks to analyze all the state's responsibility for legal aid, to make clear the connotation and extension of the State responsibility for legal aid, seeks to identify state organs' status and role in the legal aid system, and from the perspective of state responsibility in legal aid, makes a comparative analysis among the countries where the legal aid is developed. On this basis, combined the legal aid practice in China, the author analyzed the existing problems and shortcomings in the implementation process of the State responsibility for legal aid, and gave us the answers to solve the problems.There are a total of more than 46,000 words in this paper. Except the introduction and conclusion, the whole paper can be divided into four parts.The first part is the conspectus of state responsibility of law aid. Through the compare and analyzing of the definition of the state responsibility of other scholars, the author introduced the new definition of state responsibility in legal aid, and indicated that it should include the legislature responsibility, the responsibility of administrative organs and the responsibility of judicial organs the three aspects. It has undergone a long process to establish the state responsibility in legal aid. States take the responsibility in legal aid is the inevitable requirements of power source theory, is the commitment to legal system, is the need to maintain class rule, and more important is to protect human rights by the international community. The author discussed in detail the three aspects of stateresponsibility in legal aid--the legislature responsibility, the responsibility ofadministrative organs and the responsibility of judicial organs, their definition and expression, and also the relationship between the internal legislature and administration responsibility in legal aid cause, and the administration and judicial organs relations are discussed.The second part is to comment and analyze the state responsibility in legal aid of the developed countries. In this part, from the perspective of constitution and specific legislation, first inspected and analyzed some of the legislature responsibility of the developed countries and then selected the Sweden that has the welfare legal aid system model, the U.K and the United States who have a world-famous private lawyer model of legal aid system, and the South Korea that the ocean divide us and their administrative and judicial responsibilities of these countries were the respectively inspected. China hopes to use these legal aid utilities to promote sustainable development of legal aid system. Taking our own strengths and avoiding their own shortcomings is the author's original intentions, as well as the purposes of this Part.The third part is the analysis of Chinese current situation of state responsibility in legal aid. This part firstly gave us a brief review of the development of Chinese state responsibility in legal aid. From the history of Chinese development of legal aid, it can be divided into two periods, the period without state's responsibility and the initial periods of state's responsibility establishment. China needs to establish the responsibility in legal aid. It is the inevitable requirement of the constitution "everyone is equal before the law", is the judicial guarantee of building a harmonious society, is the inherent requirement of building a socialist spiritual civilization, and especially is Chinese government's solemn commitment to the international community on human rights protection. Based on the three aspects of state's responsibility in legal aid--the legislature responsibility, the administrative organ responsibility and the judicial organ responsibility, this paper made an inspection and analysis of current situation of Chinese legal aid, and pointed out many problems existing in the development of Chinese legal aid that need to solve urgently.The fourth part is the improvement and expectation of China's carrying out state responsibility in legal aid. This part discussed the three aspects of state responsibility in legal aid and that problems appearing in China which talked in the third parts, and then gave the solutions with the program. In legislature responsibility, Chinese legislature shall, in accordance with China thirteen years' legal aid practices, sum up the experiences and lessons, formulate a unified《legal aid law》as soon as possible, according to the fundamental reality of the country, at the appropriate time approve the international conventions about legal aid, and implement the commitment to the international society. In administrative organ responsibility, the paper made a detailed exposition from five aspects and in responsibility of judicial organs, the author argues that we should establish the legal aid rights informing system, the duty lawyer counsel system and the reform of judicial assistant system and so on.I believe that whether or not to establish the state responsibility in legal aid is the key point to China's legal aid system sustainable development. We hope that China can establish the state responsibilities in legal aid as soon as possible, and we are convinced that the Chinese legal aid tomorrow will be better.