| Legal aid system has a history of over500years since its origin., China started to work in the pilot of legal aid in1994, now it has20years history of practice, and it has already formed a relatively complete legal aid system with Chinese characters. Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. A system of nonprofit organizations that provide legal services to people who cannot afford an attorney.. Legal aid system belongs to an important part of social security system, is the inevitable requirements by the development of society ruled by law and building a socialist harmonious society, and it is also the embodiment of the constitutional principle "citizens are all equal in the law system". Besides it safeguards judicial justice and social justice, safeguards the legitimate rights and interests of citizens. In2003, China promulgated the "Regulations of legal aid", which is a great progress of China’s legal aid system, pushing the legal aid system into the road of law regulations and law principles. However "Legal Aid Ordinance" is only an administrative regulations, it still needs to be further improved of its legal status in the legal aid system. Hongkong Special Administrative Region belongs to the England legal system, while the UK is the starting of the legal aid system, so the development of the legal aid system in the Hongkong Special Administrative Region is relatively mature and perfect The mainland legal aid system formed relatively late, is still in the process of development and perfection. Shanghai is one of the most rapid economic development among the mainland city, its economic, cultural, political and environmental conditions have established the more perfect legal aid system conditions. This paper is a comparison of Shanghai and Hongkong Special Administrative Region, mainly through the comparison of two areas of legal aid system in the development process, organization, funding sources, scope of application, application settings, analyze the advantages and disadvantages of each district With the development of the mainland and the Hongkong Special Administrative Region exchanges increasing trend, interregional legal assistance cooperation is the trend of development, therefore had the preliminary conception of Shanghai city and Hongkong area legal aid collaboration. The mainland legal aid system, can take the first step in some development city such as Shanghai city to carry out pilot work, and then be extended to all other mainland provinces and cities. Learn from the Hongkong Special Administrative Region’s mature and excellent practice, combined with the basic situation of Chinese mainland area, and then put forward some personal suggestions to improve our country’s legal aid system, such as improve legal supervision system, improve the legal aid service quality; widening the legal aid funding sources; expand the scope of legal aid; perfecting legislation, promulgated the "the people’s Republic of China Legal Aid Law" etc.. The framework based on the above directions proposed, put forward some specific measures, such as how to widen the legal aid fund sources. I hope this research can contribute a little to improve the mainland legal aid system. |
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