| Criminal legal aid is the system of providing free defense or agency for thesuspect and defendant who are the poor, unable to pay the legal fees or other statutoryconditions in criminal cases. Due to economic reasons, lack of legal knowledge anddeprivation of freedom, the suspect and defendant can’t get help from a lawyer incriminal cases, leading imbalance between prosecution and defense. Therefore,establishing the criminal legal aid system, it can not only protect the vulnerablegroups, keep the balance between the prosecution and the defense, but also promotethe justice of judicial and realize the value of protect human rights according toConstitution Law.The new Criminal Procedural Law has been officially implemented in January1,2013, according to it, assistance and aid stage has been expanded, and public securityorgan shall have the obligation to notify the defense, which not only bringsdevelopment opportunities but also challenges the status of criminal legal aid. It canbe foreseen, that criminal legal aid cases will increase, which will lead thecontradiction between supply and demand, the shortage of funds, low quality of aid ismore serious.This article is a form of research report, by surveying the operation status andexisting problems of the criminal legal aid in Huai’an, JiangSu Province, combining with the new Criminal Procedural Law which has come into effect, to put forwardsome advice on how to improve criminal law aid. This research report can be dividedinto the five parts:The first part is introduction. This part mainly includes background,significance, method and object content of the research.The second part is current situation. No investigation, no right to speak. Thecontent of this part is an empirical analysis of the status of the criminal legal aid inHuai’an City. Covering the overall situation of local legal aid, and the object, helpstage, sources of funding, the quality of local criminal legal aid, with special referenceto the specific problems of criminal legal aid of minors. Based on data, is the focus ofthis section.The third part, analysis of the causes. Based on the second part, I will analysisthe reasons from the legislative concept, respectively, the source of funds, and the aidof the case quality control etc.The fourth part, analysis of the new criminal legal aid system and challenges.Through the analysis of modification of China’s criminal legal aid system, I’ll reviewand analysis the highlights and challenges on criminal legal aid.The fifth part, suggestions on how to consummate the new criminal legal aidsystem. According to the relevant regulations, considering the government,philosophy, funds, team building, supporting mechanism and experience of foreigncountries, try to provide some reasonable advice on how to carry out the new criminallegal aid better. |
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