The Improvement Of Legal Aid System In China

Legal aid is a necessary judicial security system to protect the equality ofcitizens’ legal status, played a huge role to promote and protect social stability.Justice, human rights, rule of law is the basis of the three theories of legalaid. The logic of justice for legal aid is that everyone should have an equal right forthe most basic freedoms, wealth, opportunities and so on, and socio-economicinequality only in favor of the least beneficiaries is justice. The logic of human rightsfor the legal aid system, human rights, equality is the person they are people of equal,is a non-discriminatory equality, and thus everyone’s equal ownership of human rights,the state should provide necessary social welfare measures. The rule of law for thelogic of legal aid is, the rule of law to respect and safeguard human rights, the finalvalue, which is to require a specific legal protection systems and mechanisms toachieve.China since1994to establish a legal aid system, after exploring the pilot in fullswing to the basic form has gone through three stages of development. As a new legalsystem, economic system with Chinese society, political system and legal system alsoneeds to be further convergence, there is still a lower legislative level, theinstitutional setup unclear, vague, insufficient to ensure funding for the range ofassistance, service system is not perfect, and many other problems needs to beimproved. The reason is that China’s economic growth and social developmentdivorced from the political over-organized, resulting in the legal aid system to servenational interests, while ignoring the interests of the parties, coupled with the rule oflaw culture has not been perceived by the general public, vulnerable groups subject ofrights awareness is still quite weak, and the development of legal aid is alsosignificant lag.Western countries, the United States, Britain, the Netherlands, Finland andother countries in the long-term practice has accumulated a wealth of experience wecan learn from. Such as the Legal Services Corporation in the United States, the UKLegal Services Commission has adopted the contract system of legal aid deliverymodels, Finland, the Netherlands adopted the universal legal aid model, althoughthere are different manifestations of the legal aid, but they have passed legislationclearly legal aid is the government’s duties, to establish a stable legal aid to ensure funding to establish a sound legal aid agencies, standardize the implementation oflegal aid, the equal protection of justice for the poor and the weak, to achieve fairnessand justice pursued by law.Comparison of foreign advanced legal aid system, to improve China’s legal aidsystem and the proposals: the national responsibility of the legal aid by the statelegislature to develop the Basic Law, laws and regulations and to develop a matchingclear legal aid is based on the condition of our country, citizens rights, the conditionsof the provisions of legal aid, procedures, funding, security and legal responsibilities,further broadening the recipient surface, regulate the operation and managementprocedures, improve the quality of legal aid, legal aid system to truly become animportant in our continuous improvement of the legal system part of, and maintain thelegitimate rights and interests of citizens, especially vulnerable groups in society,maintaining harmonious and stable social environment, and promote politicalcivilization and the rule of law play a greater role in the construction anddevelopment.