The Deficiencies Of Legal Aid Of China And Countermeasures

Seventeen years ago, Chinese legal aid cause was in its infancy, and walked with a stagger; Seventeen years later, it has got tremendous achievements, making Chinese rejoicing and foreigners looking at us with new eyes. However, our legal aid system in the sustainable development process has encountered a lot of obstacles and bottlenecks, which should be considered. In recent years, the studies on Legal Aid system which was considered as a safeguaiding system of human rights have been growing. But my literature review finds room for further studies in this area, particularly through the method of case study.Therefore, this study adopts case study method with Zhangdian district of Zibo city. Zhangdian district established the legal aid system earlier compared with the other parts of the country. I choose Zhangdian district as investigation target because of its representation and typicalness. Zhangdian district maintain rapid economic development and high fiscal revenue. Zhangdian district legal aid center was selected as excellent legal aid center of Shandong province, showing that the legal aid of it was very innovative. Survey on the legal aid status of Zhangdian district and the summarization of their experiences and lessons have significance to other district's developing legal aid work.Except the introduction and conclusion, the whole paper can be divided into four chapters:Chapter one covers an introduction to Legal Aid theories, an investigation of its law functions and legislative motivation, analyses the relationship between the country responsibilities and the civil rights.Chapter two mainly discusses the basic situation of the Legal Aid Institution of Zhangdian district. In this study, statistical analysis of the center's work has been done, the cases done by the law bureau and the center have been investigated, and the effect of the cases have been reviewed, and thus the problems exiting in current legal aid system have been found out.Chapter three mainly introduces the advanced experiences of Canada,America and Britain about the situation,extent,institution building,personnel allocation,funds ensuring system of legal aid.Chapter four discusses the ways to inprove the current legal aid system of our country. Firstly, to be formulate a unified Legal Aid Law. Secondly, to be add to the legal aid actualized individual, including setting up legal aid specialized lawyer procession, improving the county legal aid work station, supporting and encouraging social group to participate. Thirdly, to be expand the scope of legal aid, including broadening or abolishing the inspection about situation of economic hardship, expanding the scope of civil and administration legal aid, adding the scope of criminal legal aid. Forthly, to be expand the financial lease and develop finances source, including establishing the special funds transfer payment system, setting up government funds, accepting the patronage of legal service industry, setting up legal aid foundation. Fifthly, to be establish the quality assessment of legal aid cases, including setting up special quality assessment organization for legal aid cases, and strengthening the quality assessment to the process of handling the legal aid.