Analysis On The Problems And Countermeasures Of Grassroots Legal Service Workers' System

Grassroots legal service workers are the staff who practice and provide legal services at the grassroots level legal services. Nineties in last century, our grassroots legal service workers have been considerable development, but with the expansion of our lawyers, grassroots legal service workers have been a great impact. Their work area, even the work content has undergone great changes. In 2002, the Pre-Justice Minister Zhang Fusen said on a work forum of strengthening the Community Legal Services in cities:we don’t grant grassroots legal service workers the right to represent in legal, and therefore its participation in case investigation and evidence collection may severely damage the legal rights and interests of the parties. So we should phase out grassroots legal services involved in litigation. In 2004, the State Council decided to cancel the administrative examination and approval on grassroots legal services and grassroots legal service workers. This decision shows that there will be no new grassroots legal services and grassroots legal service workers to enter into this group. This is a fatal blow to grassroots legal service system. Since then, some local authorities pay little attention on the management of grassroots legal services and grassroots legal service workers. The number of grassroots legal services and grassroots legal service workers is gradually reduced from 2004. At the beginning, there are more than 20 million grassroots legal service workers, but now only less than a hundred thousand. Coupled with discrimination by scholars, lawyers and other groups, grassroots legal service workers have suffered a bad development prospect. The second amendment Civil Procedure Law adopted in 2012, article 58 clearly stipulates that the grass-roots legal service workers are qualified to be legal representatives, can participate in a civil action, and this is the first time that the legislature made clear from a legal perspective. This means that the national attitude towards grassroots legal service workers has changed, which is better for the development of grassroots legal service workers. October 2014, the CPC Central Committee released an issue which raised an explicit proposal to develop grassroots legal service workers, so we can foresee this will be boon for team.This paper consists three parts, the main contents are as below:Chapter One:Overview of Grassroots legal service workers in China. This chapter made a law definition of grassroots legal service workers. At the beginning, I’ll tell the production, legislation and current legislation about grassroots legal service workers, then analysis the current living situation and the significance grassroots legal service workers.Chapter Two:Analysis the practice situation and problems of grassroots legal service workers. According to the analyzation of the status, operational capability management mechanism, scope of practice, and the lack of professional ability and ethics of grassroots legal service workers, I’ll find out the problems both in the institutional level and the practical level, and then locate the root cause of the problems.Chapter Three:In this part I’ll put forward suggestions on grassroots legal service, such as increase legislation, strengthen the management of judicial and administrative departments, integration grassroots legal service force, reinforce the capacity and practice of grassroots legal service workers.