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The Government Responsibility Of Legal Aid System

Posted on:2010-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:B X XuFull Text:PDF
GTID:2166360275460801Subject:Constitution and Administrative Law
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In recent years,the problem of disadvantaged group's petitions has already become the focus of government's concern,which is actually judicial problem largely and can be solved through judicatory way.However,due to the professional features of modern legal system, when people encounter rights violations,they must get legal professional legal assistance.But most migrant workers have economic difficulty,they can't affort the legal professional's help.As we know,justice is the last line of defense of social fairness and justice.When they can't affort legal professional's help,they have no fairness and justice.So then government should provide free legal assistance to them.No-one can't enjoy judicial justice because of his poor.The legal assistance system in China can go back as far as 1990s.But there is different even wrong understanding on the government's responsibility of legal assistance.Some government officers even some officers working in Legal assistance institutions simply think that the government responsibility of legal assistance is to force lawyers to give who needs legal professional's help help free every year and government give one or little money to lawyer.This actually free is wrong.In fact there are many serious contradiction between legal assistance's responsibility and obligation,supply and demand,supply and quality.If we can't solve these serious problems,China's rechtsberatungs system won't be a good development, and justice will not shine the light to every citizen of the republic.This will hurt our rule of law and human rights development.This article has these parts:the introduction,the text,the epilogue.The text is the basic content.The introduction starting from a specific case citations,and then extract investigate for the legal dispute of the migrant workers and the legal assistance system.The basic content has four parts:The first part mainly expounds the basic problem of legal assistance workers.Firstâ… analyze the particularity of migrant workers and disputes,which is simply describes the origin of migrant workers,Th enâ… analyzethe particularity of the legal assistance system of rural migrant workers,Finally expounds legal assistance system of rural migrant workers are important significance. The second part mainly expounds the foundations and principles of the legal assistance system for migrant workers of government.Firstâ… define the government's responsibility.Then I discuss it from the government undertakes the responsibility of legal assistance workers,including realistic foundation,legal basis,the legal basis for three aspects.Last I discuss the principle of legal assistance,including "four reunification principle principle" and classification.The third part is the system of legal assistance workers and scope.Firstâ… discuss the legal assistance management organization establishment and entertained the case described; Then I analyze specific legal assistance of the case of migrant workers,the investigators,including in the legal assistance institutions set by lawyers association,public attorney practicing lawyers of voluntary application accepted,introducing some social organization three aspects.Finally,I mainly discuss the scope of legal assistance system of rural migrant workers,including emphasis and migrant workers pay disputes involving the disputes involving migrant workers,inductrial injury insurance,social aspects of migrant rural workers during the period of dispute and other personal casualty disputes in four aspects.The fourth part mainly discusses the legal assistance fund safeguard workers.Firstâ… discuss it from implementing regulations,guarantee the legal assistance workers financial investment and fund not be used exclusively for using it in.Then I discuss it from the source of social capital in the concrete,including the establishment of legal assistance fund accepting social donation,to bear part or the proportional amount passistance expenses of legal assistance from who getting help and win his case and getting from lawyers association,the person's membership in charge and legal workers pay an annual fee of extracting partial expenses three parts.Epilogue expounds that the legal assistance for migrant workers is obligatory duty of all levels of the governmen.,Then combining the actual conditions,I am to conform the prospects and the future of Chinese legal assistance system.
Keywords/Search Tags:legal assistance, The government responsibility, Migrant workers, Legal assistance institutions, Legal assistance workers, Legal assistance fund
PDF Full Text Request
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