Study On Criminal Legal Aid For Minors System

Legal aid of minors is a foundation of the contemporary legal aid,constituting the important part of legal aid.But,since the absence of the systemic legislation and the correlation legislation,a series of problem come out during the real operation of national criminal legal aid,destroying its effects which should be play the biggest exertion.This paper draws up to pass the investigation and analysis,in order to rebuild our criminal legal aid of minors system,and recover its real facial expression of "legal aid",for providing creative resources of our criminal litigation of rule.This paper adds up to 30,000 words,excerpts the preface and conclusion,it is divided into three parts,and the main contents is introduced as follows:The preface part mainly discussed to the necessary study of legal aid in the field of criminal procedural law.As the generally accepted theories,the legal aid can protect children's rights and interests,and fix up its proper loophole in the meantime.But the bugs in real operation have been criticized widely.In our country,content of legal aid about the theories studies and practice is not completely the same.The former combines with the essential and factual state.The essential state means that the legal aidon carries out in the process,the factual state then points as a kind of conclusion.The latter means that the entitled organization draws up of take hermeneutic provision of having the widespread effect.What effect will appear through the difference of fixed position in the function of legal aid,how to urge its function to reset from the system,this is the problem that this text wants to study.The first part will discuss the current status of criminal legal aid.The article is made up of the subjectivity,the objectivity,the form and the conclusion of explanation to introduce our exterior characteristic of criminal legal aid,and point out the mechanism imperfections because of the nonstandard of legislation,the time of aiding and the lack of responsibility as the lawyers.For example,being empty of the intendance broke the faith of parts;lowered judicial activity;limited the function of aiding by judicatory.The second part is the analysis to the reason of the current criminal legal aid.This part is mainly taken in to explain from the history tradition,realistic source and idea mistake.In the eyes of the history,our leg aid is in the early time and the lack of recognition caused to the adoration of the norm law ruling.The imperfection of legislation is a realistic reason,its making legal aid statute replace the job of legislation in some extent,which produces the way of detailed code.But in general view,there are always mistaken areas in the field of textual open understanding.The criminal legal aid not only should be charities,cause of the public good,also should be the responsibilities of the government.The third part is the idea of rebuilding national legal aid system of criminal law.The writer thinks that lots of problems of our current legal aid system can attribute to the subjectivity and form of the explanation,particularly the former is the key point,as a result we should fix them in a reasonable position,and basing on them to rebuild the system of legal aid.In my opinion we should divided the subjective bodies into one part,country.The final purser of system rebuilding is to take the legislation as the form of uniform explanation,to build up an positive interaction of administrative regulations and unity legislation,in order to provide a system resources for the criminal procedural operation.On this foundation, according to a progressive way of reform,we put forward the path of rebuilding the system, as well as the institution of legal aid for minors,the intendance with the wrong case system, lawyer's character and the motivation to lawyers etc.