Research On The Criminal Legal Aid System In Our Country

The degree of perfection of the criminal legal aid system has become an important benchmark to measure the level of the rule of law in a country in this world. Compared with western countries, the criminal legal aid system of China started late, but since1994, the Ministry of Justice proposed the idea of establishing a legal aid system, and after ten years of local practice, the criminal legal aid system set up in our country. In particular, the new Criminal Procedure law that became effective on January1,2013made great changes to the criminal legal aid system. The mental patients that have not completely lost to recognize or control his conductive capacity and the criminal suspects and defendants that may be sentenced to life imprisonment also are included in the range of appointed defense. The phase of appointed defense expanded to the investigation stage and the prosecution phase. The perfection of legislation has landmark significance. However, we should also recognize that there are still many outstanding problems. In legislation, our country has not formed a more perfect legislative system of criminal legal aid; In practice, the low rate and the poor quality of defense remain restrict the system to play the role. On the basis of the analysis of the legislative and practical issues of criminal legal aid system, this article will use comparative analysis and put forward some suggestions. This article is about35000words and is divided into four parts:The first part, the overview of China’s criminal legal aid system. Firstly this part defines the concept of the criminal legal aid system; then expounds the theoretical basis of the criminal legal aid system; Then reviews the course of development of China’s criminal legal aid system; finally, there is the meaning of the criminal legal aid system.The second part, analysis of the problems of China’s criminal legal aid system. This part is divided into two small portions, the first portion is the analysis about legislation of criminal legal aid system, as the analysis of the object to the criminal procedure law and the legal aid ordinance. The second portion is the analysis about problem of our criminal legal aid system in practice.The third part, studies and implications of the other countries and regions in the criminal legal aid system. On the basis of the problem analysis, this part summary some same and regular things about the criminal legal aid system in other countries and regions and the revelation.The fourth part, perfect vision of our criminal legal aid system. This part put forward some suggestions for improvement in the legislation and practice levels. Such as the right to inform the system of perfect、victims of criminal legal aid、establishment of quality supervision、innovating publicity propaganda mode of the criminal legal aid.