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Research On The System Of Civil Legal Aid

Posted on:2018-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q TangFull Text:PDF
GTID:2336330515498159Subject:Law
Abstract/Summary:PDF Full Text Request
The legal aid system was born in Britain and began in our country at the end of the 20th century.It emphasizes the country from the perspective of government responsibility,to safeguard judicial justice,to ensure everyone is equal before the law,promote social stability and harmonious development,to the economic difficulties of the parties to provide free legal services and help them exercise their litigation rights and other rights.Of legal aid system in China,including criminal,civil and administrative legal aid and the relative legal aid for criminal and administrative,civil legal aid system in the equal protection of the citizen's basic human rights,fully safeguard the legitimate rights and interests of vulnerable groups,to realize the judicial idea of "close to justice",improve the procedures of equal rights of enforcement mechanisms,improve the social legal system and social security system,and promote the harmonious development of social stability,and many other aspects play a real function also has the profound significance.Along with our country market economy and the speeding up of the pace of urbanization and the rapid development of periodic highlighted the gap between rich and poor,poor social vulnerable groups rights difficult phenomenon needs to be solved.And the rule of law in big background,the civil trial procedure in our country are actively by functions and powers doctrine to party's doctrine lawsuit mode transition,it is involved in the lawsuit litigant's legal knowledge and professional skills of litigation has a higher request,for poor economic condition of the poor vulnerable groups are not familiar with legal knowledge,more not litigation skills,the group of civil litigation rights safeguard is urgently in need of professional legal services,in the face of the lawyer service paid to produce barriers,improve and perfect the civil legal aid system is more important.But since the system set up more than 20 years,relative to the leap development of the economy,the development of civil legal aid system in China is relatively backward.Investigate its reason,is the imperfect legislation,the specific implementation measures of form a complete set,and lack of funds safeguard,the lack of human resources,and many other factors.As a "sunshine project",we should pay attention and attention to how to get the system out of the bottleneck of development.But compared with the theoretical circle of law for the development of criminal legal aid system in terms of research,at present the study of civil legal aid system is briefly and lagging,based on the present situation,the paper begins with the concept of our country civil legal aid,running status and existing problems,outside experience and rationalization proposal five aspects,the basic theory of the civil legal aid system as the starting point,the actual operation results of the civil legal aid system as the main body of civil legal aid system,scope,procedures,such as capital,quality supervision as the research object,through to our country the system of practice problems arising from the above aspects were analyzed and summarized and compared with the developed countries outside of our country related system and experience for reference,the final from two aspects:legislation and specific implementation of the system to our country civil legal aid system,puts forward some proposals concerning the improvement of the legislation on the one hand,from the macroscopic Angle is put forward to improve the legislative level and establish the base of related laws and regulations system of legal aid,on the other hand,more from the perspective of micro concrete system perfect puts forward how to expand the diversity of civilian aid participation main body,expand the scope of civil aid,expand channels of funds safeguard,establish quality supervision mechanism,establishing the civil legal aid case with the court and procuratorate coordination mechanism,to explore specific Suggestions on management modernization.The hope is that the development of the civil legal aid system will receive more and more attention.
Keywords/Search Tags:civil legal aid, disadvantaged people, the duty of the government
PDF Full Text Request
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