The Deficiencies Of Legal Aid Of China And The Countermeasures

Legal aid is an important component of the democratic legal system of countries all over the world. China started legal aid in 1994. With the exploration and development of more than ten years, China has already set up the elementary legal aid system with characteristic of Chinese. But because the time that China has launched the legal aid is relatively short, there are many deficiencies in the theory and practice of legal aid. This article has analyzed the current situation of legal aid of our country in details, combined the advanced theory both at home and abroad, put forward the corresponding countermeasure, tried to propose some suggestions to perfect the legal aid of China. The article is divided into three parts:The first part includes concepts, characteristics and theoretical foundations of legal aid. This chapter enumerates various kinds of typical definitions of legal aid and draws the definition and characteristic of legal aid of China. Legal aid is a judicial relief granted by the government by reducing and remitting the law service fee to the citizens who can't afford to pay the fee because of their poor economic status to pretend their right and interest bestowed by law. Its characteristics are national accountability. free service, professionalism and justice ensuring. The theoretical foundation of legal aid is that the human rights theory and equal concept governed by law.The second part includes current situation and evaluation and analysis of the legal aid system of China. This chapter analyzes the legislation, social demand and capital source of legal aid in China and draws a conclusion that the legal aid of China has some defects, including the deficiencies of legal aid system construction, the increasing requisitions, the sharp imbalance between supply and demand and the severe monetary shortage of legal aid.The third charter is the most important part of the article. It makes suggestions of perfecting the legal aid system of China. Basing on the analysis on current situation of legal aid of China, the author has put forward the corresponding Countermeasures. First ,we should perfect the legal system of legal aid, which includes improvements of the legislation, making the special " legal aid law "and coordination of the relevant laws and regulations of legal aid , local regulation. Second, we should set up and rely mainly on a team, whose members include full-time lawyers, social lawyers, law workers, public organizations, teachers and students of the law institute of the university and the legal aid volunteers. Finally, we should perfect the fund mechanism of legal aid, increase the input of finance, raise the public donations extensively, and explore; the new ways of raising the fund, such as public welfare marketing, insurance against litigation and so on.