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Reconsturtion Of Legal Aid System Analysis Of Social Security Pathway Of Legal Aid

Posted on:2008-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:H M LiFull Text:PDF
GTID:2166360218960793Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Legal aid for the poor is the nature of society ruled by law and the requirement of juridical justice and human right security in modern society. After the Second World War, most countries have contributed the legal aid system with the core of helping people in financing difficult, but their practice are in exploration and reformation. Although it is the international direction to systemize the legal aid, each country has a difficulty in definition the scope of the rights of legal aid and choice the road to practice them. As for our country's legal aid system, there are many problems such as insufficient funds, inefficiencies, and ineffective. This paper, begin with the analysize of system problems, and reconstured the legal aid system in the aspects of offer, management and implementation, so as to safeguard the achievement of the right of access to justice, which is just the aim of this paper.About the method used in this paper, I have applied the method of comparison, the historical analysize, the inductive method and reasoning method.About the content in this paper, I have mainly introduced and researched the status, obstacles, and path of resolution or reformation in our country's legal aid system, even with the study of relative theoretical.Chapter one is a key part of this paper, which tries to introduce the background, basic and process of the construction of legal aid system in China, and to analyze its status and nature especially the status of government legal aid, civil legal aid (legal aid offered by civil entirety), quasi-government legal aid and court legal aid, so as to show the status of legal aid logically. This chapter also analyses the system obstacles of legal aid with the core of administration of legal aid and get the conclusion that it is urgent to reform the legal aid system.Chapter two analyzes the theoretical of legal aid, and the choice of path in socialization of legal aid. With the analysize of nature of legal aid in economic, social and legal method, and the connotation of legal aid, I consider the legal aid as social security right of poor basic with equal right and human right. Chapter three summarily analyzes the direction of legal aid reformation in the extraterritorial, and analyzes several aspect of legal aid system itself from the definition and rights of legal aid funds, government, lawyer, and recipient, and analyzes several sides supporting legal aid system, such as the resources integration, the culture of legal aid, and the awareness of rights of the access to justice.The last one is about the conclusion.
Keywords/Search Tags:legal aid, administrative, the pathway of social security, and reconstruction
PDF Full Text Request
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