On The Legal Aid Legislation Of Our Country

Legal Aid System in China has already marched into developing period characterized by systemization and standardization after more than a decade of practical exploration. The launch of Law Aid Ordinance by State Department in 2003 established the fundamental framework for legal aid system in China. It resolves some prominent issues which hamper legal aid development, provides essential legislative authority and system guarantee for the promotion and regulation of legal aid, and symbolizes the start up of legal aid system with Chinese characteristics. As legal aid practice moves on in China, new situations emerged and so did the issue of faultiness and unscientific factors in Chinese legal aid legislation. To modify the irrational parts and amend new parts in current legal aid legislation, to promote a consummate legal aid system have become a prominent research topic for our current legal aid work.This thesis retrospect the establishment and development of legal aid system in China, analyzes major existing issues based on facts, introduces legislation by central and district authorities, and summarizes the principles and progressiveness in Legal Aid Ordinance. Based on existing issues and practice, this thesis proposes suggestions for consummation of legal aide legislation, covering eight perspectives, namely:Draft Legal Aid Law and corresponding regulations;Define stakeholders'legal relations in legal aid;Stipulate lawyers'commitment in legal aid cases as volunteer based;Establish a minimum-outlay guarantee system for legal aide;Expand appropriately the scope of legal aid;Stipulate the conditions under which legal aid will not be provided;Consummate gradually legal subjects'responsibilities in administration, civil and criminal senses;Prolong appropriately the time limitation for legal aid organizations when handling cases assigned by courts; The originalities of this thesis are: combined with the legal aid practice in China and referencing the conventions in foreign countries, analyzing in detail the current major issues in Chinese legal aid legislation, and proposing positive recommendations for innovating and consummating legal aid legislation in China.