The Deficiency And Improvement Of Law Aid System

More than ten years from scratch, China's legal aid system has been upgraded on the path of institutionalized and standardized development. The promulgation and implementation of "Regulation on Legal Aid" of State Council in 2003, establishes the basic framework of China's legal aid system legally, provides effective regulatory insurance for fundamentally resolving some outstanding issues of restricting China's legal aid career and for promoting and standardizing the work of legal aid, remarks that China's legal aid system has been basically formed. However, according to the national practice of legal aid, deficiencies based on legislation lead to many problems, such as unclear State responsibility of legal aid, narrow scope of legal aid, uneven development of legal aid and funding shortfall of legal aid and so on. It has many conflicts and disharmony in terms of legal aid as the basic civil rights, seriously restricts the further development of China's legal aid and becomes the important subject of China's legal aid legislation which needs active research and to be overcome.From the dimension of legal aid as a civil rights, the paper provides some preliminary exploration and analysis of current issues of China's legal aid legislation and focuses on issues of State responsibilities and obligations, issues of targets and scope of legal aid, issues of legal aid application and review and issues of administrative relief of doubt of no legal aid decision. Reasons of choosing such issues are they are fundamental issues that restrict further improvement of legal aid system. Every issue impacts the stability of entire legal aid system directly or indirectly and concerns the theoretical foundation of legal aid system directly or indirectly. Therefore, combined with associated practical experience and theory in China and other countries, the author reveals main crux of above issues of China's legal aid and undertakes some useful exploration and thinking for further improvement of China's legal aid system and perfecting legal aid legislation.The paper always focuses on the theme that legal aid is different from any utilitarian social management, also different from social welfare policy of the government at various stages and should not be seen as a simple tool of safeguarding social stability, but should always reflect the full attention and thoughtful responsibility sense of the "rights", despite the implementation of this system is objectively constrained by the national finance.The innovation lies in this paper: through the latest explanation of modern legal aid system theory, based on the practical experience of international legal aid system, combined with China's legal aid practice, taking an in-depth discussion of several important problems and deficiencies of China's legal aid and providing positive suggestions and measures to perfect China's legal aid related legislation.