On The Expansion Of The Scope Of Legal Aid In China

Legal Aid is a form to redistribute the resources of the legal service by State law institutionalization,in order to protect citizens or parties in special cases of economic hardship acquired equal access to legal help and realize their legal rights and ensure social fairness and justice.The size of legal aid is one of the important indicators of the soundness of the legal aid system in a country or region.The legal aid system originated in the United Kingdom,mature and developed in the western countries.At the same time,the non-institutionalized legal aid also stipulated in the normative documents before the founding of our country.The scope of legal aid has also been developed in our country for many years.China's "Legal Aid Regulations"came into force on September 1,2003,the chapters 1 and 2 establishes the scope of legal aid and the scope of the matters,establish the tone of the scope of legal aid in China.According to the prevailing conditions,combined with the sprout and development of China's modern legal aid system since 1994,it absorbed the local legal aid norms introduced in recent years and the scope of legal aid in the Civil Procedure Law adopted in 1991,the Lawyers Law passed in 1996,the law of the Criminal Procedure Law.And extensive reference to extraterritorial legislation and practical experience,provided the scope of legal aid for citizen's economic difficulties,the scope of legal aid divide into two points including civil legal aid,administrative and criminal legal aid.In the historical background at that time,the provisions of the Legal Aid Regulations on the scope of legal aid has epoch-making significance to the development of China's legal aid system.However,the legal aid regulations have been enforced for 13 years,compared with the development of economic,social,some other aspects of a profound have been changed,but the original provisions of the scope of legal aid in and other basic laws of national cohesion and academic theory,in the local and international legal aid practice domain of multiple fault and severe lag have emerged.First,the legal of aid legislation is low.This is the foundational reason for restricting the development of legal aid in China.A large number of norms established by administrative legislation to participate in the relationship with other institutions at the same level,the difficulty is self-evident.So,even with broadened the scope of legal aid,it can't be to make ensure the effective implementation,and this measure is useless.Second,the scope of aid for legal aid is narrow.The recipient of legal aid in our country must be have two basic conditions,subjective conditions and economic conditions.On the one hand,the subject of legal aid recipients is too strict,the recipient object just includes citizens and without legal persons and other organizations.On the other hand,the restrictive of Legal aid recipient economic conditions is too random.Regardless of whether the economic difficulties are set to low income,minimum living security,minimum wage or improving the standard several times,the scientific of the standard are questioned.Thirdly,the scope of civil legal aid does not include economic cases.With the development of China's market economy,economic disputes will be prosperity and development,and the exclusion of legal aid to economic cases is not conducive to resolving social contradictions.Fourth,the scope of administrative legal assistance is narrow.There are some misunderstandings in the legal aid of administrative areas.The provisions of administrative legal aid are often attached to civil legal aid,and there are few rules that can't formed system.Fifth,the scope of criminal legal assistance is narrow.The revision of the Criminal Procedure Law of 2012 has increased the scope of criminal legal aid,but the increase in the proportion of cases in practice is very small,compared to other countries and regions on the scope of criminal legal aid legislation,the range is obviously narrow.Legal aid as a kind of state responsibility belongs to the scope of payment administration.The state has to address the above issues,to promote the development of China's legal aid.The scope of legal aid needed with the development of the society,to adapt to the urgent need of the society:First,the country's highest legislature to develop "legal aid law" to improve the legislative level.Second,expand the scope of legal aid recipient:Put the legal and other organizations into the legal aid recipient object,to follow the basic principles that fair and equitable administrative of law;to relax the legal aid recipient subject to economic difficulties standards,the minimum charge for legal services market prices,and compared with the available assets by recipient themselves,to reconstruct legal aid standard scientifically.Thirdly,economic cases are conditionally incorporated into the scope of civil legal aid to expand the scope of civil legal aid.Fourthly,confirm the scope of administrative legal aid by the form of negative list,combined with the practical experience of local legal aid norms in China,to solve the concept of misunderstanding,and attach importance to administrative legal aid.Fifth,part:of the felony case will be included in the scope of criminal legal aid.This part of the felony according to China's current national conditions,and combined with extraterritorial experience,limited into part of the felony that sentenced to more than 10 years of felony.This situation should be included to criminal legal aid and will be noticed in the scope of the defense.