| Criminal legal aid system is the important part of criminal litigant system and plays an important role for maintaining criminal justice and perfecting judicial protection of human rights. The criminal legal aid system in our country has been established and developed following the development of socialist rule of law and has obtained great achievements during the two decades. It has been valued highly by Party and government and recognized widely by the international community. The criminal legal aid work in our country has entered into a completely new development phase, together with the revision of the Criminal Procedure Law and the continuous deepening of the overall advance of rule of law. According to the characteristics of the criminal legal aid work and the related new provisions of the newly- revised Criminal Procedure Law about the criminal legal aid, considering the working practice of criminal legal aid in our country, the article makes the empirical analysis about the enforcement of the new Criminal Procedure Law and tries to provide proposals and ideas to strengthen and improve criminal legal aid work. The article is divided into three chapters with about 21,000 Chinese characters.Chapter one is about the general situations of the criminal legal aid work in our country and introduces that the development of our country’s criminal legal aid has experienced three stages which are embryonic stage, establishing stage and fast developing stage. According to a certain number of provisions in the Criminal Procedure Law revised in 2012, this chapter summarizes the progresses achieved in enlarging the scope of criminal legal aid, clarifying the responsibility of government, making the access to legal aid earlier during the litigant stages and adjusting the forms of legal aid. Afterwards, this chapter estimates the influence to the working practices of criminal legal aid in our country by the revised Criminal Procedure Law. Chapter two introduces the practice situations of the criminal legal aid work in our country in the background of the implementing of the revised Criminal Procedure Law, makes empirical analysis and comparison about the estimated influence after the revised Criminal Procedure Law has been implemented, summarizes the experiences in publishing matching documents, establishing mechanism of communication and cooperation, enlarging the applying scope and strengthening quality guarantee. Then the chapter points out deeply the several outstanding problems and shortages in the practice of criminal legal aid work and analyzes the reasons causing these problems and shortages prudently.Chapter three presents the proposals and strategies to strengthen and improve the criminal legal aid work further considering the general requirements of deeply implementing the revised Criminal Procedure Law and the general purpose of setting up perfect criminal legal aid system. So that legal aid can play a positive role further in the reform of trial-centered litigant system.Under the background of the new provisions of criminal legal aid work by the revised Criminal Procedure Law, through the analysis of a lot of data from the practice of criminal legal aid work and the grass roots research, by the way of empirical research and analysis, on the basis of summary of practical experiences, the article concludes some typical problems and provides some strategies and proposals. It’s expected that these strategies and proposals could be helpful to strengthen and improve the criminal legal aid work in our country. |
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