The Government Responsibility Of Legal Aid

The legal aid refers to a legal safeguard system that the legal aid organ set up by the government organizes the legal service organ and the legal service personnel to provide with legal service to the litigant who is pressed for money or special case and exempt or reduce his service fee. The government duty is the cornerstone of the theoretical system of the modern legal aid. The government duty growing out of nothing and expanding from small to large reflects the legal aid system with a course of constant perfect and development. Up to the present, strength of government's bearing legal aid duty has become a sign of judging the legal system building of the social civilization of a country. China has developed the legal aid work for near ten years, but in practice, there still exist many handicaps in accomplishment of the government duty and theoretical study lacks deepness and system. In the article, the government duty will be give an all-round analysis to gain a clear idea of its connotation and extension to maximum extent and make a further definitude of the position and role of a government on establishing legal aid system. Moreover combined with actuality, a analysis will be made on the handicaps existed in the course of accomplishing China government duty, and the thinking and suggestion of solving such problems shall be raised.The article is composed of four parts. The first part is a description of the government duty on the legal aid. The government duty on the legal aid is the one of establishing legal aid system and safeguarding system operation of legal rule, supervising and administrating legal aid action that the government shall be responsible for, and the legal duty without accomplishing the above-mentioned that shall be undertaken. The government duty does not grow accompanying the legal aid system, it is a result of the legal aid system developing to a certain phase. Through a curved and long course, the general trend is that each country has clear cognition for the government duty and the government has played greater roles on the legal aid. The scope of the government duty has extended from the criminal to the civil and administrative fields. The way that government undertakes duty has been developed from offering fund to legislation, setting up special organ and allocating professional personnel. More and more manpower and material resources are putting into the legal aid. The basis that government undertakes legal aid duty comes from the national responsibility, the social demands and the ruling requirements, and it is also the requirement of the international society for safeguarding human rights. The government duty includes active and passive aspects. The active one mainly refers to government doing obligation, which is the major content of the government duty. The passive one isthe legal duty opposite to the active one, which is a punishment for not accomplishing duty. Such two aspects act each other and commonly constitute the whole contents of the government duty. The second part introduces the government duty system of the legal aid of every country, which widely gives an introduction to the overseas situations of the government duty on the legal aid in such three aspects as the scope, system safeguard and manifestation of the government duty, especially the development conditions of the government duty of countries with developed legal aid system and universal law in the course of probing into development of the government duty on the legal aid. The third part is the relations between the government duty on the legal aid and the other subjective duties on legal aid. The legal aid is a systematic project with more subjects participated. Different subjects have different duties. How to distinguish the limit of the government duty and other subjective duties on the legal aid is an important condition to accomplish the government duty. The accomplishment of the legal aid does not apart from layers and courts, so the relations between the government and them two must be defined.