The Improvement Of The Legal Aid System In Criminal Procedure In China

Legal aid system during criminal law procedure is an important system to ensuring human rights and fairness. Through the legal aid during criminal law procedure, the persons receiving the legal aid will have chances to completely and valuably participate in the adjudication of lawsuit. In order to protect the human rights, the persons who cannot afford legal service due to poverty and trouble or special persons in individual cases can get legal aid from the lawyers for free. China’s endeavor to protect human rights is obvious to all. The important article "The state respects and protects human rights." was established and added to the 2004 revision of The Constitution of the People’s Republic of China. The new Criminal Procedure Law of the People’s Republic of China in 2012 also made progressively valuable revision for improving China’s legal aid system during criminal law procedure in many aspects. In the juridical practice, the legal aid system during criminal law procedure still needs further improvement. This thesis the topics including balancing legal aid management and legal aid practice in the system to improve China’s legal aid system during criminal law procedure on the basis of predecessors’ research; establishing quality control mechanism for legal aid during criminal law procedure, and setting up special expenditure for legal aid during criminal law procedure for establishing fund guarantee mechanism in legal aid. The author finds problems in the cases during his legal practice; brings forward an idea to increase the legal aid rights for victims in the criminal cases in many aspects; adopts specific methods to realize the legal aid rights for victims in the criminal cases; in order to improve the monitoring and relief during the legal aid, brings forwards ideas such as making unified measurements to monitor legal aid procedure, releasing punishment measurements to supervise the timely performance of statutory obligation, and introducing the relief method for the persons receiving legal aid and their relatives. Witnessing the breach of legal rights for juveniles in actual legal cases, the author also brings forward an idea that "the system of appropriate adult presenting at the scene of interrogation" should apply to defense lawyer during interrogation for the person younger than 18 years old.