On The Triple Attributes Of Legal Aid

Legal aid is a judicial relief system which provides free legal assistance to the poor citizens, to ensure the legal justices and equality of citizen rights. By analyszing and summarizing the origin and evolution of legal aid,the attributes of legal aid can be divided into three stages, Philanthropy stage, individual rights stage, State responsibility stage. This is the outstanding feature of legal aid in different periods of social development. Based on the thought and theory of legal aid, contact foreign continuous analysis on the attributes of legal aid, combined with China's relevant laws of legal aid, now we can define the attributes of legal aid as a nonprofit legal service activities that the State assume the main responsibility,the society bear the supplementary liability. That is say that the attributes of the legal aid is national, public welfare and rights. This paper trys to resolve the attributes of legal aid from different aspects, and point out issues of the Stational, public welfare, rights of legal aid appear in our implementation process. To improve China Legal Aid mechanism, we can solve the practical problems from the perspective of the attributes of legal aid.Paper is divided into three parts.The first part is the evolution of the attributes of the legal aid. First we discuss the evolution trend of the attributes of foreign legal aid, foreign states have the same trend. Through the ideological basis to resolve legal aid, the evolution of the legal attribute of assistance chronologically divided into three phases, Philanthropy stage, individual rights stage and state responsibility stage.The three stages correspond to the ideological foundation of legal aid. Philanthropy stage reflects everyone enjoys equal legal resources, individual rights stage put attention on the demandtion of citizens' fundamental rights, national responsibility emphasizes the state responsibility of legal aid. Then our discuss the defination of the attributes of legal aid in our country, the evolution trend of the attributes of the legal aid in our country, and interpret the need of legal aid in our country.The second part is about the triple attributes of legal aid and reflection in our country. Nationality, social welfare and rights is the main attributes of legal aid. This part ananlysize the attributes of legal aid, how does the attributes of legal aid reflect in our country, and point out the problems in the implementation process of lagal aid. How should Nationality, social welfare and rights of legal aid in practice reflect, what problems have occurred in the practice of legal aid, these are the important parts of this chapter,these are also urgent questions in the implementation process of the legal aid system.The third part are about suggestions for practical problems raised in our legal aid system. Starting from the perspective of the attributes of legal aid, perfect National legal aid mechanisms, public legal aid mechanisms, the rights of legal aid mechanisms,Legal Aid solution to the current practice of our problems,Promote the realization of the attributes of legal aid. It is the main intent of this chapter.Through the analysis of the legal aid problems in practice, Specific issues raised concrete solutions comments,From the unique perspective of the attributes of the legal aid, National analysis of legal aid, social welfare and rights of those deviations occurred in our practice,How should guide the positioning of the positive attributes of legal aid,how could the attributes of legal aid be realized in practice, This part trys to solve these problems.