Study On Criminal Legal Aid System

Criminal legal aid is a system by what the state providing legal assistant and fee deduct to the litigant who have economical difficulties or in particular case during the criminal proceedings. It is a system designed to realize justice by keeping balance between the prosecution and the defence and making the weak person can get the equal legal opportunities. The goal is to put the principal "everyone are equal in the law" into practice, also provide equal legal protection to citizens and protect the legal litigious right of the litigant.The idea of legal aid in criminal proceedings is closely related to public interests. It is tend to protect the most fundamental human rights and keep the rights of citizens away from the encroachment and divestment of the national power. While the idea of legal aid in civil proceedings aim to the protection of the personal interests of the particular person or group. It tend to make sure that the legal relief rights of the majority can be realized sufficiently and equally. Social interest is the objective consequence but not the inner motivation. The theory tendency, base of legal aid, is different. So the design of the system is also differ from each other. The object of this article is the particularity of the legal aid in criminal proceedings. And the writer raise the own opinion to improve the current system based on the study of Chinese legal aid system and the practice of the legal aid in other countries.