Study Of Criminal Legal Aid System

The criminal legal aid is defined that the government provides a counsel to a criminal suspect or a defendant without legal help if the person has a legitimate need for legal services. The criminal legal aid has been an element of the criminal procedure in most countries. And it has been one part of the international criminal judicial standards. There are some problems in the Chinese criminal legal aid system, and it caused the system can't run effectively. The author tries to point out the problems and tries to amend them in this thesis.This thesis is composed of four sections besides an introduction and a conclusion, about 30,000 words.The first section is a concise explanation of the criminal legal aid from a comparative perspective. After comparison the different of the criminal legal aid, the necessary counsel and the appointed counsel, the author briefly explains the usage of the criminal legal aid and why we need the criminal legal aid. The author emphasizes especially the usage of the criminal legal aid in procedure justice.In the second section, the author concludes four elements of the criminal legal aid from a number of facts in different countries. And this section also can be seen that the answers of the following four questions: who provides the criminal legal aid, who carries out the criminal legal aid, who receives the criminal aid and how to provide the criminal legal aid. The author emphasizes the development of the criminal legal aid from almsdeed to right. Generally speaking, the range of the criminal legal aid has been enlarged all over the world. Then, the author introduces the assorted systems of the criminal legal aid system. They are financial appropriation system, cost control system, assigned counsel system, quality assurance system and duty counsel system. Maybe these systems are not necessary in all countries, but without them, the criminal legal aid system can't run effectively.In the third section, after the analysis of the present station, the author point out the problems of the criminal legal aid system in China. They can be summarized as the following: the duty has been divert from government tolawyers, the range of the legal aid is too narrow, and the time is too late. Then answered that why the suspects and defendants can't get legal aid and why the legal aid can't put into Mplay in Chinese criminal procedure.In the forth section, the author gives the amendatory suggestions to the criminal legal aid system in China. The emphasis is how to amend the appointed counsel system in Chinese, such as expand the range of the appointed counsel, construct necessary counsel system and allow the suspect or defendant who need legal aid to choose the lawyer. Besides the appointed counsel, we must perfect the assorted systems of the criminal legal aid system in China, such as the financial appropriation system, assigned counsel system, quality assurance system and duty counsel system. Above all, the criminal defendant system must be amended at first.