The Positioning And Structure Of Legal Aid Law

The modern legal aid system has established in1994, which Already has developed nearly20years in our country. The legal aid not only have protected the Judicial action right and the judicialjustice, but also have interpreted the citizens’ existence and equal rights, which have been provedby practice. The “Regulation on legal aid”, which was promulgated in2003is the first specializeduniform legislation of legal aid in our country. However, with the Socialist Marketing Economydeveloping, the deficiency of this legislation has come out gradually.Based on our peculiar national conditions and the developing process of western legal aid，this article consider that the legal aid should belong to the social assistance system. Legislate theLegal aid law is the inevitable choice to perfect the legal aid system, and the effective way to set upthe comprehensive social security system in china. This paper positioning the properties and statusof Legal aid law in the view of social assistance, and construct preliminary legal principles andstructure at the found of the “Regulation on legal aid” in macroscopic. The principles of securitythe poor’s legal aid right and the marketization of legal aid system are adding, so as to suit thedemand of social development. Further more, replenish and modified the key elements of Legal aidlaw in microcosmic, which are two obvious changes: One is taking market mechanisms into legalaid implementation, in order to avoid the malpractices which is taken by administrative appointingand improve the efficiency of the legal aid implementation. The other is that innovate themanagement system of legal aid funds, to establish guarantee mechanism of legal aid funds and setlegal aid foundation in province which is responsible for management and taking operation bymarketization, in order to ensure scientific transparent use and effective value maintenance andappreciation of the law aid funds, overcome the deficiencies of the current system and the defectsof management, and protect the legitimate interest of disadvantaged groups and ensure the wellbeing of the people.After demonstrated and added system, this thesis have formed Legal aid law, for the limitedof knowledge and insufficient of practice, it will may be flawed. But it is trying to innovate andmore seriously cautious in the process of writing with hopes of contributing slightly to uniformlegislation of legal aid in China.