Empirical Study Of Chongqing Criminal Legal Aid System

The criminal legal aid system is a system that provides free or reduced fees legalservices for the poor and weak group in criminal procedure, and it has become an importantsystem for realizing judicial justice and protecting the basic human rights of citizens in themodern country under the rule of law, and it is also a mark of the national sound legal systemand the social progress and civilization.From the establishment of criminal legal aid system totoday, in the more than10years,Chongqing criminal legal aid cause has made a lot ofresults,but, at the same time, there are also many problems, such as unsound legal aidregulations,the low specialized legal aid staff.Therefore, how to expand coverage of the legalaid and enhance the legal aid effect are the most important part of Chongqing criminal legalaid tasks.This paper analyzes the problems of Chongqing criminal legal aid system bycomparative,enumerating data,combining theory with practice method,and makes someproposals for consummating Chongqing criminal legal aid system from selection of model,raising funds,personnel quality and supervising mechanism,to improve Chongqing criminallegal aid system and the quality of criminal legal aid work.This text can be divided into five parts including abstract、foreword、text subject、references、postscript,the total number is nearly27000.The main body can be divided threeparts:The first part, the base condition of Chongqing criminal legal aid system.Since theestablishment of Chongqing legal aid agencies in1988, the number of personnel and agencyhas increased greatly.All the districts and counties establish legal aid agencies belonging tothemselves,and are equipped with full-time legal aid lawyers, but the number of the full-timelawyers in districts and counties is few.It mostly elaborates Chongqing criminal legal aidrecipient,property of legal aid agencies, source of the legal aid funds and legal aidcases,social lawyers’ contributions in criminal legal aid work, legal aid effectcomprehensively and objectively.The second part, existing problems in the process of implementation of theChongqing criminal legal aid system.The one hand is the system problem.Related systemsjust consider the government financial capacity, not putting people first.It results in the legal aid funds not into the local financial budget in many districts and counties, or these even intothe budget really have not founded, and this causes that the legal aid work can not start fullswing, then the system for safeguarding the interests of vulnerable group does not really playthe role of protecting them,so the problems,like shortage of legal aid funds, the narrow scopeof legal aid and installation of unreasonable legal aid agencies,appear.The other hand is theproblem of personnel.The backgrounds of Chongqing full-time lawyers are complex,andmany lawyers have the low degree of specialization.No one specializes in criminal legalaid.Full-time lawyers can provide legal aid in criminal, civil, administrative law.So it is notgood for the criminal in the needly help of professional and high quality legal services.Inaddition, other departments leaders fully can not understand the importance of criminal legalaid and actively support the Chongqing legal aid cause,then leading to not deeply andsmoothly advancing of the legal aid cause.The third part, on the basis of the above two parts,it puts forward to perfect theChongqing criminal legal aid system.Firstly, to choose the suitable and reasonable legal aidmode.Except for establishing public defender’s office to make the criminal legal aid moreprofessional, the contract plans and duty counsel system need to introduce,which not onlysaves legal aid funds, but also expands the legal aid coverage; Secondly,to improve therelevant system.It needs to reexamine the legal aid standard, establish relief procedure andsystem when the right to counsel is violated, cooperation between the departments, only bythese can we lay the foundation of the criminal legal aid work smoothly progressed;Furthermore, to establish a diversified financing system.Based on the government funding,weshould adequately mobilize all forces to participate in the great business.Of course,it needs ateam which consists of professional legal aid lawyers, and also guarantees the legal aid staffwith high professional quality from the threshold of entry, training, assessment mechanismand so on; Lastly,to establish the supervision system of legal aid quality.It not only providesa standard for legal aid workers,but maximize the legal aid resource.