The Research Of The Legal Aid In The Social Governing: Difficuity And Settlement

Our country is in the process of transition form a traditional society to a modern society. The balance between tradition and modernity, the acceleration of interest adjustments and more contradictions and conflicts, become some important features of this period. Meanwhile, the changes in the other fields which are made by the transition also challenge the traditional management model that government (public sector) hold anything. Transitional society needs the transition of the society govern, recently many Chinese scholars use"New Public Management"that occered in the 80's of last century for reference, propost the transition of government function and the managing ways, and set up the servicing government. At the same time we should focus the third sector and enterprises, solute the society conflicts and remain the stability through them.As the result of the development of world economy and society civilization, legal aid is the necessary assistant to solute the society conflicts. It is one kind of legal system ,in which the legal aid institutions setted up by the government guide and harmonize the attornies, greffiers and fundamental law workers to provide the free help to the parties who are the poors or in the special cases. It has the double attributes of society and law relieving. In the process of the settlement of the society conflicts, legal aid can reassign the law service resource, suit the objective remand of human rights protection, embody the humanism care for the social feebleness, and raise the equality, justice and fairness. However, it is obvious that legal aid is in the difficulty. There are many blocks in the development of legal aid, such as the conflict between limited legal aid supply and much demand, the conflict between the setting of institution and the law, the deficit of the legal aid course and the delay lawmaking.In this paper I use the work of Jing'an district that is the central district of Shanghai as example, analysize the statuse , difficulty and cause of the legal aid , introduse the foreign legal aid system, and suggest two ways to develop the legal aid : system reshape and specialty of legal aid process. In this way , legal aid can realize its merit in the process of social governing.