Research On The System Of Civil Legal Aid

Modern legal system society progresses which in the civilization, through the judicial method solution dispute, defends the individual right to become citizen's inevitably choice, however legal service paid actually is the social vulnerable group seeks the judicial relief, realizes the referee to request the power a big barrier. The legal aid is the social democratic system develops the certain stage product, it not only is one kind of social policy, also is the legal system important constituent, is an important symbol which the modernized country judicature human rights safeguard mechanism consummates. The country has safeguards our country citizens equally to realize the legal rule right aspect duty, but the economy is difficult the citizen which, cannot pay the legal service expense to enjoy after the application obtains the legal aid right which the country provides. Among them, civil legal aid coverage most widespread, especially is playing in the maintenance social vulnerable group's right aspect the vital role, relates the country to be stable and society's harmonious development. In our country civil trial program gradually in the process which transforms to the litigant principle lawsuit pattern, needs to have the rich legal knowledge and the specialized lawsuit skill legal occupation provides the legal service for the litigant. In order to enable the citizen because it not to hold the economical resources few to lose enters the judicial trial, obtains the legal procedure fair right, should to our country existing civil legal aid laws and regulations, the system and the movement way performs to improve and the consummation, lets the citizen be able equally to stand in front of the law, defends own legitimate rights and interests, it is necessary to give the attention to in the civil action legal aid. Stemming from this kind of consideration, this article embarks from the legal aid elementary theory, has carried on the comparative analysis to the correlation country system practice, and proposed in this foundation consummates our country civil legal aid system the series suggestion.The paper altogether divides five parts. The first chapter, first to the legal aid concept, the content and the historical development process has made the brief introduction. The author in synthesized the partial scholars about this concept generalized and in the narrow sense viewpoint foundation, unified the angle from the two to carry on the limits to the legal aid concept.The second chapter, from take the human rights safeguard as the foundation national responsibility theory, the citizen enjoys and exercises the referee to request the power the equality and the civil action procedure just theory three aspects, to constructed the construction civil legal aid system the rationale to carry on the detailed elaboration.The third chapter, mainly is carries on the inspection to the overseas mature developed civil legal aid system, separately introduced England, American, Japanese and our country Hong Kong aspect and so on area legal help pattern, aid organization, funds origin and management, and performs the comparative analysis. Summarized afterwards elaborated recent year the international civil legal aid development tendency.The fourth chapter, reviews our country civil legal aid system development course, in the developing process produces has there preventatives several patterns. And has analyzed our country civil legal aid system development the question and the insufficiency which exists to the present stage.The fifth chapter, in the front several parts of elaborations and in the analysis foundations, consummated, aspect and so on pattern improvement and funds collection way from the legislation put forward the proposal to our country civil legal system reform and the consummation.