| Legal aid system indicates a legal system that country provides cost-free law aid for party with financial difficulty or in especial case by form of legalization and systematization in order to guarantee realization of his benefit, and is a sort of judicial relief system adopted by each country in the world. In essence, it is a sort of national obligation protected by country and supported by national force. It is a kind of national responsibility that modern legal country must bear. It embodies degree on healthiness of legal system and protect of human right in one country. As a new legal country, Chinese legal aid system has obtained certain development since China developed legal aid experimental unit in the end of 20th Century, become indispensable organic component in Chinese legal system, and played more and more important role in national political, economic, especially legal field. But the newborn baby of this system also has suffered many difficulties and problems in its process of gestation and growth, such as distemper ness of legal system, protruding supply and demand contradiction, and unsteady case handling quality. The solution of these difficulties and problems depends on maturity of legislation, perfect of system, innovation of mechanism and support of theory. This paper, by analyzing problems of legal aid system in Chinese running process, with a view to value goal of constructing legal aid system that suits Chinese situation, reference to beneficial experience of legal aid development from western countries with mature law, tries to make deep discussion on regulating and perfecting legislation and practice of Chinese legal aid system. Full text is constituted by introduction, body, and epilogue. The body is divided into three parts:Part I Introduce historical origin and developing process of western legal aid system. Analyze basic characters of steady legal aid system have been operated in western countries with mature law. Expound form and development of legal aid system in China. Mainly introduce development fruit of Chinese legal aid system in legislation construction and generally practical research. And compare and analyze Chinese legal aid system and western legal aid system.Part II Take part general mechanism caused by legal aid system. Try to find out inner mechanism of formation of Chinese legal aid system. Analyze social basis and legal background of form of the system, such as foundation of market economic system, stepwise perfect of law, and proposal of harmonious social idea. And go deep into analysis and study on problems and reasons existing in the Chinese legal aid development process on the basis of that.Part III Design corresponding reform and perfect policy, put forward core idea taking country as responsible main body of legal aid and state its necessity and rationality, and put forward that Chinese legal aid development has to stick to"national liability principle"on the basis of analyzing problems and reasons existing in Chinese legal aid system. Explore legal aid system model suiting for Chinese situation in light of comparative consideration on some sorts of popular legal aid administration model and provision model in the world in the part I. In the last, aiming at main problems existing in development process of Chinese legal aid, put forward several schemes on Chinese legal aid system, expecting do some favors to Chinese legal aid system. |
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