The Application Research Report Of Criminal Of The Legal Aid System

Criminal legal aid is a legal security system where legal aid organizations specially set up by the government arrange the personnel engaged in legal service to provide criminal defense or agency service for the parties with economic difficulties and involved in cases of special circumstances with no or less expense charged. The primary meaning of this system is to maintain the balance between the prosecution and the defense and safeguard the judicial justice, embodying the deeper level of the constitutional value as to the human rights protection. The establishment of qualified and efficient system of criminal legal aid can make the criminal suspects and defendants feel the judicial procedural justice and enable them to make up for their deficiencies in their knowledge of law and litigation skills through the legal aid,gaining the power to compete against the opponent and balancing the position between the prosecution and the defense. In addition, this system also plays an important role in saving the suspect and the defendant. While safeguarding their own interests, it can also help them to recognize and correct their mistakes and return to society as soon as possible.The new Criminal Procedural Law formally implemented on January 1, 2013 and the Provisions on the Legal Aid in Criminal Litigation subsequently promulgated both expand the scope and phase of criminal legal aid. From the perspective of the status quo of the criminal legal aid system, it is an important development opportunity but also a challenge. The number of criminal legal aid cases is expected to increase. Therefore, related problems existing in legal practice such as demand exceeding supply, shortage of funds and inferior quality cases will aggravate, making the enhancement of security a urgent task.This paper, through regarding the legal aid center in J city of S province as the research sample, conducts field survey on the operating situation of the current criminal legal aid system. The data thus obtained are summed up and statistically analyzed to study the problems existing in the actual operation combined with the provisions of relevant laws,based on which the causes are founded. Finally, the paper puts forward some suggestions and thoughts on how to complete the system.This paper is mainly divided into four parts, and the main contents are as follows.The first part is the introduction of the survey condition. This part stems from the theoretical level to clarify the concept and connotation of the criminal legal aid system. Then, the research background part expounds the modification of the new criminal procedure law and the relevant laws and regulations on this system, as well as the overall situation of current China's criminal legal aid. And then is the significance of this paper, explaining the significance of the system in protecting the rights of criminal suspects and defendants in legal proceedings. Finally, it describes the reasons for selecting J city as the research sample and the research methods used in this survey report.The second part introduces the current operating situation of the criminal legal aid system for the criminal suspect and the defendant. In order to comprehensively and deeply understand the implementation condition of this system in the local place and reflect the real problems existing in the system during the operation process, the author, through combining the result of actual research, selects the overall situation of the local criminal legal aid and collects data from the perspectives of the scope of accepting cases, the stages of intervention,financial support and the case quality in the criminal legal aid.The third part clarifies the problems existing in the operation of the criminal legal aid system of J city and analyzes the causes of these problems. The causes of these practical problems are also necessary to be taken into account, which can be summed up as: insufficiency in the legislation level, deviated concept on the related subjects, shortage of legal aid funds, lagging construction of professional team of legal aid lawyers and the incomplete quality supervision and evaluation system of the legal aid.The fourth part proposes some suggestions on how to solve the problems existing in the current criminal legal aid according to the problems found during the study and the analysis of the causes and combined with the practice of criminal legal aid at home and abroad. Firstly, the scope of recipient objects of criminal legal aid needs further expanding; secondly, the criminal legal aid mode requires the reform and innovation, and the aid providers need further broadening; then, a more diversified channel should be constructed to safeguard the funds and establish the special funds. Finally, in view of the special nature of criminal legal aid, the related supporting measures ought to be completed so as to make their due contributions to the improvement of this system.