Study Of Legal Aid

The legal aid is a human right safeguard system which the modern country rule by law extensively carries out, it is a citizen's basic right to obtain the legal aid, and it is the nation's responsibility to provide the legal aid to the citizens who are necessary. According to the various countries' historical condition, the legal culture, the different social background and the economic potentiality , various countries have different explanation to the definition of the legal aid, and also they have different stipulations to the legal aid, inspecting the three patterns of legal aid , the definition should be: The legal aid refers to,in order to protect the legal benefit for the equality which the citizen may anticipate, the country obtains a system by the legal way to the citizen in the economical difficult incapable with standing lawsuit burden situation which the legal service the right safeguards.the legal aid has the following features: It is the nation's responsibility (not merely the government's responsibility), as well as the citizen's right. The nation's legal aid responsibilities mainly refer to the legal aid legislation, legal aid organization and funds safeguard, international duty on the legal aid and so on; The legal aid has the legality, the independence. Both obtaining the legal aid and implementing it should have the legal explicit stipulation , the legal aid should have the independence in implementation. The function of the legal aid manifests the great significance, the legal aid have a lot of functions such as the safeguard of human rights, the promotion of fair judicature, maintaining social stability and the adjustment society distance between the rich and the poor. The value foundation of legal aid establishes and forms the reason and the basis of it, it is also the development basis of the legal aid, the legal aid value foundation lies in the equality, the justice and the government by law, it is almost impossible for the humanity to eliminate poorly thoroughly, the only way for us to do is to eliminates the unequal economy influence in a maximum way for the rights of citizens realization, nearly reach the greatest degree close justice and the realization government by law. One who has the right must have the relief, the Suability is the Essential Characteristics of Administrative Act, the legal aid is one kind of profit administrative action, it is the administration pay, the legal aid has the suability, it must be confirmed, it can fundamentally safeguard the citizen legal aid power obtaining, and guarantees the citizen to obtain the qualified effective legal aid.Our country legal aid system and the court criminal activity assign the defense system and the judicial rescue system has the close relation , assigns the defense from the court the development to be allowed to see, the court assigns the defense from own alone to develop has the relation with the legal aid system, until two mutually affects, the legal help and the court assign the defense the relations to be more and more close. But the direct item, the nature, the relief way, the suitable lawsuit stage and the way of the two exist differently. Because the legal aid organization has the legal aid management authority, it may guarantee assigns the defense the effect, the legal aid organization is independent to the trial and the appeal institution, it can maintain attorney's independent defense status, exercises the defense function well, thus, we should establish the legal aid organization in to assign in the defense the dominant position, by legal aid organization display leading role, and in "Law of Criminal Procedure" the revision can manifest. The connection of the legal aid and judicial rescue has many problems in the practice, the significant theory flaw which judicial rescue system itself also exists, we should carry on the redesign to the existing judicial rescue system, it should belong to the legal aid system, we have to unificate examination standard, consummate the relief way, and in this way it is advantageous to fully set up the court and the legal aid their organization function. For truly landing on feet the legal aid responsibility and providing the full safeguard for citizen's legal aid power, our national constitution has the provision, aspect consummation legal aid legal framework and so on legal help special family rules and regulations, the solution extant legal aid system deficiency. We should formulate "Legal Aid Law" as soon as possible, and explicitly stipulate that it is a citizen's right to obtain the legal aid, the country takes the measure to safeguard.the citizen to obtain the legal aid , increases the legal relief way stipulation, increases stipulation about the legal aid organization and the public links between the public security organs, the Public Procuratorial organs and the people's court.