Pre-research On Legal Aid In The View Of Social Assistance

The legal aid system has developed for more than 20 years since it began to emerge in China in the 1990s.Particularly the State Council promulgated《Legal Aid Ordinance》in 2003,it meant a start of an era. This is China's first national legislation on legal aid -- administrative regulations. The purpose of《Legal Aid Ordinance》is to protect the economic difficulties of the citizens to obtain the necessary legal services. Promoting and regulating the legal aid work. As China's first specialized national legal aid regulations, which defines the basic framework for China's legal aid system and the range of rights the citizens can get, provides the foundation of legal aid work, it indicates that China's legal aid work on the track of the legal system and to enter into a new, healthy, an important period of development. From that time on, more and more scholars began to research the study of the legal aid system. And provide some valuable advices. From these studies, however, many of the study only involved actual operational level, and the theoretical depth excavation is still not enough. Especially on the part of the theoretical basis for the legal aid system, the scholars analyzed from equal rights, judicial human rights, and the litigation right. They thought that the legal aid system is an important judicial relief system. But they only saw the role of the legal aid system in the area of litigation; neglect the important role for right-to-existence of the poor and weak in society.The system of social assistance system expresses the concerns about the right-to-existence of the poor and weak. Therefore, I try to explain and analyze the theoretical basis of legal aid from the view of social assistance and try to give some advices for the legal aid legislation on the guiding principles of social assistance.There are three main parts of the body, besides the introduction, the conclusion. The first part"Basic theory of the legal aid in the view of social assistance", part of this vision is to trying to analyze the preliminary theory of the legal aid in the view of social assistance. Firstly the author defined the concept of the legal aid in the view of social assistance. By analyzing the connotation and extension of social assistance and traditional legal aid, the author gave her own idea of the legal aid in the view of social assistance, a kind of social assistance system by redistributing the law resources and giving bono legal services to help the poor and weak when they run into permanent or temporary crisis so that they can not get through of it which is provide by the state. The legal aid in the view of social assistance is to protect the poor and weak people's right to live. In essence, it is a kind of social assistance system. Then the author explains the foundation theory of the legal aid in the view of social assistance. First, the author gave the thought that the essence of the basis theory of the traditional legal aid was litigation right in the real meaning of equal. It's only a way to protect people's equal rights. At this point the legal aid did not reflect the existence of the poor and the weak protection. Moreover, it has become a kind of"parasitic right". So only the theory of legal aid in the view of social assistance can cover these faults. The right of social assistance to the poor and the weak is also a guarantee of survival. Legal aid as a social assistance system, of course is to protect the weak and the poor survival. At this point, the legal aid based on the theory of social assistance, it will have two kinds of traits. While as a means of protecting the poor and the weak abstract subsistence existence it is a right of tool. The other is the poor and weak people have such a right that can be exercised to make the requests. After these the author discussed the significance of legal aid in the view of social assistance. As one of the social assistance rights legal aid becomes a basic right, not only raise the level of their right to legal aid. But it has been infringed upon the rights protected by the Constitution. Meanwhile, as a means to protect the poor and subsistence rights, it embodies the rights of the poor and weak people, not just material aid, which riches the contents of social assistance.The second part,"Legislation vision-examine of the legal aid in the view of social assistance". In this part, author took a review of China's existing legal aid legislation on the basis of existence right and social assistance right. First of all, the author conducted a survey of the current state of legislation. It can help the readers to have a certain understanding of the legislative status. Then the author analyzed the existing legislation from the perspective of social assistance. The current basis of legal aid legislation is not to protect the poor and the weak. And the specific content such as recipients of legal aid, the scope of legal aid, the examination standards for legal aid, the right to legal aid and other relief to the poor and weak also did not reflect the security of survival.The third part,"The improvement of China's legal aid legislation in the view of social assistance". In this part, on the basis of the second part, the author gave some advices about legal aid legislation. First, the author analyzed the model of legislation and the opinions of domestic scholars in this mode of legal aid in China. After the legal aid legislation on foreign models inspected the author suggested we could make《Civil Legal Aid Act》which uses the social assistance ideological guidance to legal aid legislation, what is final model is only the preference of legislators. Then the author gave some specific advices about the foundation and the specific contents. In this regard, the author believed there should be a clear theoretical basis for legal aid, the right to social assistance based on the provision of clearly defined. In the specific content corresponds to the second part of this review, the legal aid recipients, and the scope of legal aid, legal aid criteria, and the right to legal aid and other relief to the area.The main innovation of this paper is to analyze the basic theory of legal aid from a new perspective. Although some scholars have already understood that legal aid is in the interests of the poor and the weak to achieve its social assistance system of procedural safeguards. However, there is no clear"the view of social assistance", no systematic, thorough analysis. This paper analyzes the social assistance and not only the theoretical basis for legal aid, pointing out that it has an important significance. From the perspective of social assistance the author gave own views and suggestions. Therefore we can say from the perspective of this paper. The significance of this paper is to provide legal aid for a new perspective which will be the focus of attention toward legal aid for the poor and the weak, the protection of the right to social assistance. Moreover, the constitutional right raised the level of legal aid. Meanwhile, this study also provides some new ideas of social assistance.