The Problems Of Legal Aid Service Of Basic Level Government And Its Solutions

Began from the late90’s, China’s legal aid in the modern sense has experienced theprocess of carrying on experimental unit, being established preliminarily, appraoching to alegal and regular track, from being scattered in other legal provisions to appearing formally asadministrative regulations in2003, finally has formed fundamentally a fairly complete legalaid system. A series of problems about China’s legal aid, such as the value orientation, thesubject, the ensuring funding, and operating patterns, are often controversial in the law circleand in various form in legal practice.Being value-oriented basically relating to equality, justice, and fairness, beginning withthe procedural justice, China’s legal aid is the effective method for ensuring the judicialsubstantive fairness of those who either can not afford legal service fees because of theeconomic difficulties or special identities, and those who need judicial benefit, having veryimportant effects on safeguarding the interest of the poor and vulnerable groups as well as onmaintaining social stability. Overall, the system of laws and regulations has been establishedpreliminarily, legal aid agencies are constantly established in number with increasing growthof personnel, the range of legal aid has expanded ceaselessly, and the number of legal aidcases is increasing. However, the development state of legal aid cause in the basicgovernment is a worrying problem. It will be the barrier for the development of China’s legalaid cause if we could not solve the problem of the development of the legal aid cause in basiclevel. To develop the legal aid cause in basic level is the main method for ruling the countries,counties, provinces, and the state by law, as well as an important sign of safeguarding theinterest of the grass-roots public and realizing social harmony.Chapter One and Chapter Two focus on the introduction and description of the basicconcep and the current study status of legal aid as well as the present situation of China’slegal aid. Chapter Three adopts demonstration research method to investigate and survey theinstitution of legal aid in Beibei District of Chongqing from the aspects of the subject, object,range of legal aid and the quality of the cases. Such analysis reflects the main advantage ofChina’s legal aid cause in basic level lies in participating local hot and tough cases tosafeguard the harmony in basic level. At the same time, there are some problems, such as thelegal aid cause in basic level has a lower status in the measures of social governance, theexpenditure of legal aid is insufficient with onefold fund channel, the personnels of legal aid are too unitary in quality and few in number which could not meet the need of the society, andthe quality of the cases of legal aid to be further improved.Based on Chapter Four, which references of the institution of legal aid of foreign legalcultures, Chater Five puts forward the solutions of the problems of the legal aid cause forperfecting the legal aid services of basic government, including taking practical measures toenhance the construction of responsible government, improving the status of legal aid practice,solving the funding problems of legal aid, increasing the number of the personnel and thecases of legal aid, establishing and improving the evaluation system of quality management ofthe cases, establishing the institutional environment and the environment of public opinion oflegal aid practice.