Overview Of The Course Of Development Of China's Legal Aid System

Legal assistance is law ensurance system that the legal aid institution set up by the government organizes the legal assistance personnel and the aspiration personnel of society to provide law -free aid for some in financial straits or interested party in the special case to ensure lawful fights and interests to come true.Legal aid system originated from the western countries, one kind of legal assistance mainly for the right of "poor people",its purpose is to realize society justice and judicial fairness,defend citizen fundamental right.Coming into being,building, perfecting of the legal aid system in China is one of the important contents of Chinese legal. institutions modernization.This article describes objectively the course of coming into being of "Criminal Civil Procedure Law draft",promulgation of "PRC legal assistance regulation "at the beginning of this century,the germ,building,basical complete,from being interrupted to come into being of the legal aid system in China during more than one hundred years,and reveals its law.The purpose of this article is to display the history of the original,provide lessons for perfect legal aid system in future.Full text is composed of preface,text and concluding remarks.The preface part mainly explains the possibility and necessity that the problem studies,the study range of the article and the studying situation in current academic circles.Some people thought wrongly that Chinese legal aid system came into being after 1949.In fact,same as most countries in the world,legal assistance which embodies modern law civilization had already appeared at the modern times in China and arrived at certain level.Text Part I,fundamental theory problem of the legal aid system.Introduces the concept,characteristic,history course of legal aid system in the western countries.PartⅡ,establishing of legal aid system in China.It mainly includes that the germ of legal aid system during late Qing,formation in the Republic of China.Related laws including the legal aid managemented under Shen Jiaben,was the important beginning of Chinese law modernizing,provided the advance foundation for the Beiyang government,National government's legislative organization system.The part emphasizes on introducing entireness system of "Appointment pleading "of the Beijing Government" and legal aid system of Nanjing government.Pointing out the legal aid system had already developed a important component of judicial systems in the Republic of China,one of judicial systems glistens in the Republic of China,outstanding behaviour of transition to civilization and democracy for modern legal institutions.PartⅢ,reconstruction and develop legal of aid system in the Chinese mainland. "legal assistance regulation'promulgated and enforced in 2003 is the first countrywide legislation on legal assistance,it is indicated the fundamental system is formated.PartⅣ,Experience,lessons and reform ways of Chinese legal aid system construction.It concentrates on the self-examination of abolishing "complete book of six code",preliminary discusses the lesson and experience of the new Chinese legal system construction,points out we should study the excellent law culture over the whole world,persists in managing state affairs according to law,opposes "rule of man".The concluding summary up the history of legal aid system creation and developing perfect,comments and analyses advantages and disadvantages of the system every period,points out deficiency in the article,establishes a basis for studying further.