On Criminal Law Aid Of Our Country

Criminal law aid means the system that for making citizen involving in telling win equal judicial protection in criminal suit, ensuring their lawsuit right, in order to realize the justice and ensure human rights, the country reduces, exempts, charges for the party of some disadvantaged groups or particular case in legal in institutionalized form, and offer law aid. The production of criminal law aid of our country and abroad each has its different backgrounds. Looking from range of the world, criminal law aid has a long history, its development can be divided into charities stage, and individual rights stage, national welfare policy stage and so on three periods.Birth and development of the criminal law aid system of our country have its unique orbit. It can roughly be divided into four stages: First period of having not criminal law aid before new China is established, second, period unable to set up criminal law aid i.e. from new China being established to period of reform, third, the fast pregnant period of criminal law aid i.e. from the Third Plenary Session of the Eleventh Party Central Committee to 1993, fourth, overall creation of criminal law aid, it was 1994 so far.In our country, criminal law aid is a new thing need to be reformed, developed and improved, studying and drawing lessons, even transplant the advanced criminal law aid system abroad is inevitable at present. Looking from forming element, the responsible host of criminal law aid should be the country at present, the enforcing host is mainly lawyers, but them is also inlayers rigorously outhunted in some country, the target involves particular suing people including suspect, defendant and even criminal victim, time runs through each stage and each link of the activity of criminal suit, the ways mainly have a public defender's mode, lawyer's mode of the contracts, mode of appointing lawyer and the mixed mode. In view of institutional improvement, some foreign advanced criminal law aid has already set up the system of ensuring funds including the national financial allocations, the interest income of the trust fund the lawyer manages, funds the bar provide and the social organization offer etc., control systems of using funds d and thrift expenses strictly, the more general system of pleading that postulates, more complete system of prevention and control of quality, system of lawyer on duty, etc..The criminal law aid of our country becomes a mere formality, inferior in quality, short of funding, has already become a well-known fact. The guidelines in legislating are not clear, legislative level on the low side, narrow target receiving aid, and tight limit terms, limited helping stage, procedure being stiff such as defects in the criminal law aid of our country. In carrying out and implementing, make the responsible host indeterminate, there exists organization structure unreasonable, the conspicuous imbalance between supply and demand, poor service, facing severe international challenge and so on a series of defects.Reforming, developing and improving the criminal law aid system should be in medicine to the ill. In legislating, should make right of law aid of the citizen be included in the constitution, set up the serial legislative systems taking " law of law aid " as the core again. In implementing, we should expand the range of receiving aid, improve the starting procedure, construct the mechanism of quality prevention and control, combine resources, reconstruct the system of appropriating fund, reform the system of lawyer, etc. The source (in legislation) and flow (in implementing) should be managed concurrently, use lots of means together, it can be convinced that advanced criminal law aid with Chinese characteristics will be set up.