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Study Of Legal Aid Countermeasures In The New Rural Construction

Posted on:2013-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuangFull Text:PDF
GTID:2296330371971381Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Legal aid is an ancient judicial relief system, most countries are widely use, it is to provide the free legal aid to the vulnerable groups who has economic difficulties. From established the judicial system up to now has500years, however, the development of this system in our country has just started. In July2003, China promulgated the legal aid regulations of the People’s Republic of China (hereinafter referred to as the regulation on legal aid), this is a landmark event in the progress of our country legal system history, the regulations promulgated means our country’s legal aid work has formally entered the stage of legalization and standardization. After the legal aid regulations promulgated, China’s legal aid made in a series of achievements, but there are still a lot of problems, especially in the rural remote areas, the development of the legal aid has some real limitations. In recent years, China’s legal aid research most are concentrated in the "legal aid legislation", puts forward the legal aid legislation basis and the analysis of the value, and some scholars have proposed " learn from the foreign countries of the legal aid lessons to develop our country’s legal aid system", the research of the development of China’s legal aid provided valuable theoretical basis, but, in view of China, the farmers in a majority of the population, there are few scholars and the construction of the develop a good legal aid system’s claim. At the fifth plenary session of the party’s construction of a new socialist countryside goal, and democratic legal construction is the construction of a new socialist countryside is one of important content. In the new rural construction of democracy and the rule of law in our country, most need legal aid crowd are concentrated in the rural areas, only to solve good most have legal aid of the protection of the rights of the people demand, China’s legal aid can be called with the situation of China’s scientific sustainable and for the people to accept the legal aid. Due to China’s economic and social development in urban and rural areas, there are certain differences, therefore, the legal aid also presented some of his own special problems. Legal aid concentrated in the city, in the town basic no distribution points, in the city is also lay particular stress on the city vulnerable groups and foreign workers, farmers are not enough for the attentioned. Legal aid in rural areas in the promotion of the less, many farmers don’t know legal, and therefore more may not know how to apply for legal aid. Therefore, in the meeting of the rights and interests are infringed upon, he take other way not legal way to maintain their own interests, it is not only caused a series of social problems, damaged the majesty of the law, but also become a new rural construction of harmonious society of drag. As the economic development of rural areas is comparatively backward, they didn’t have enough money to put into legal aid work in, and it is not easy to attract and retain some professional legal aid talents. How to solve the existing in the legal aid of the special problems, the contradiction between supply and demand of legal aid, the legal aid services personnel training and aid funds of funds broaden the channels, and responsibility of the government implement, farmers’ legal faith cultivate a series of problems, such as rural is not only the key legal aid system, at the same time is also perfect our country’s legal aid system of the key. In China, the rural development and highlight the legal aid to the solution of the problem, also is the whole Chinese legal aid system perfect key. Therefore, in view of the practical problems of rural legal aid of research and analysis, and put forward the feasible measures to solve the current aid system is legal reform must be a major premise of perfect.Full text is divided into four chapters. The first chapter is an overview of the legal aid system; The second chapter in the construction of new countryside of rural disputes change the influence of the legal aid, the third chapter is at present in China rural legal aid some problems in the practice of the analysis, the fourth chapter are the construction of new rural areas to improve the legal aid countermeasuresIn the first chapter of rural legal aid made a brief overview, defines the concept of legal aid, introduces the development history of legal aid, and indicated the legal aid for the particularity of the rural areas in China, and analyzes the countryside in our country legal aid system for the necessity of meaning and value:develop rural legal aid is the request of the socialist essence, developing the rural legal aid is the legal construction of the rural reality needs, developing the rural legal aid is promoting the new rural construction of important power. In the second chapter, analyzes the new countryside construction in rural law dispute the amount and type change, analyses the rural area of the multi-pronged dispute settlement mechanism, and this paper expounds the legal aid in diversity dispute resolution mechanism in the position, it was showed that the new rural construction of rural disputes change the influence of the legal aid.Chapter3, points out that the analysis points out the present rural legal aid of problems existing in rural grassroots legal aid institutions is the lack of the rural areas, and set up legal aid professional talents, rural areas lack of legal aid funds are not effectively guarantee.In the fourth chapter, in chapter2and3of the analysis of the existing rural legal aid some specific problems, and put forward some feasible countermeasures. In rural areas of the legal aid, the launch of the rural society must take into account the actual situation, change the law aid propaganda way, develop rural legal aid training activities, training farmers’rights consciousness. At the same time, the lower the threshold, expand the scope of aid assistance, simplified aid program; Perfect rural legal aid institutions Settings, promote rural government legal aid institutions of construction, strengthen the construction of the township justice, and develop the rural folk legal aid organizations; Strengthen the legal aid in rural areas and specialized talented person troop construction, strengthen rural district attorney of the building, set up college-graduate village official legal aid post; Establish channels rural legal aid funding mechanism, strengthen the national finance investment, actively raising social groups funds. Set up the rural legal aid social security funds.
Keywords/Search Tags:rural legal aid, necessity, multiplex dispute settlement mechanismcountermeasures
PDF Full Text Request
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