| What is legal aid? This is a basic theoretical question, and there are various answers to it. From different aspect it can be defined differently. From the point of the subject, legal aid can be defined as multi-subject and mono-subject ones; from the point of the range, it can be defined as litigation and non-litigation ones; from the point of the responsibility, it can be defined as legal aids of absolute national responsibility and relative national responsibility and a combination of national and social responsibility; from the point of the object, it can be defined as multi-object and mono-object ones. I agreed some of the above views. In my opinion, it should be defined as follow ing, legal aid is a legal relief system, in which lawyers, notaries and basic-level law workers give the party concerned who has a special case or has financial difficulties help in lawsuits or non-suit cases with lower costs or no costs. This definition is in accordance with the situation of our country and it is in harmony with the tendency of international legal aid development.Legal aid is typical in the developed countries such as (he US and Britain. It can date up to five hundred years ago. Legal aid began in Britain, which has its social and historical sources. It was the result of the development of the commodity economy and is needed by the capitalist class in opposing the feudalism. Of source, it was the requirements of the people who received the aid. There were three periods of development of the foreign legal aid. The first period is the beginning period, during which legal aid was regarded as a beneficial action then. The second period was a transformation period, duringwhich it transformed from beneficial actions to national responsibilities. The third period was an overall development period, in which the legislation of legal aid was set up and perfected and the range of legal aid was expanded, the financial system was built up, the organizations of legal aid were gradually perfected, a branch of learning on legal aid came up and legal aid was not only developed fully within the country but also thought highly of all over the world.The development of legal aid in China experienced breeding period and starting period. Breeding period was from the liberation of China in 1949 to 1994, during which some items as to legal aid have been reflected in the laws and provisions, but there was no systematical legal aid. From 1994, the starting period began with many practical actions. In the period many legal aid models emerged in some big cities such as Beijing, Guangdong, Wuhan, Shanghai and Zhengzhoii, meanwhile theoretical research was developed rapidly, with some scholars and experts working on legal aid standing out and some books on legal aid published. The legislation of Law of Legal Aid was on the schedule of the agenda.Legal aid, with 500 years development, has become a comparatively complete, perfect relief system in justice. But there are still some (laws existed. First, the development of legal aid is out of balance not only between different countries but also between different areas in one country. Second, the conflicts between the demand and the support of legal aid are protruding. Third, the services are to be promoted. All the countries are taking measures to search for new revolutions to the problems.During the development, legal aid has developed some developing tendencies, which are as following: First, the country has more andmore effects on legal aid; Second, legal aid is to be systemized; Third, the range of services continues to expand; Fourth, the financial system is further promoted; Fifth, the range of subjects is enlarged; Six, it is internationalized.The development of legal aid in China experienced breeding period and starting period. Breeding period was from the liberation of China in 1949 to 1994, during which some items as to legal aid have been reflected in the laws and provisions, but there was no systematical legal aid. From 1994, the starting period began with ma... |
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