Research On The Reform Of Criminal Legal Aid System

Whether the right of defense in criminal procedure can be exercised effectively has a direct impact on the protection of the rights and interests of civil litigation,legal aid is an indispensable institutional guarantee.The purpose of the establishment of the legal aid system is to provide free legal services for the parties who do nothire alawyer for objective reasons,so that each party can gain the rights of judicial justice and equality.In recent years,with the accelerated process of the rule of law,the content of criminal legal aid has been gradually enriched and the system reform has been continuously improved.but in practice,due to the subjective and objective reasons,criminal legal aid still exist such as narrow coverage,lack of funds,aid to higher quality of a series of problems,the expected effect has not been fully brought into play.This paper analyzes the problems in the practice of criminal legal aid,detailed to the specific steps,specific measures,and puts forward some suggestions to improve the feasibility and appropriateness of the system.In addition to the introduction and conclusion,full text is divided into four parts,a total of more than 30000 words:The first part is the connotation of criminal legal aid system definition and development history.From the theoretical point of view,firstly,the concept of criminal legal aid system is analyzed,the system takes the state as the main body of responsibility and the protection of rights as its purpose,which has been established in many countries;secondly,the development history of the criminal legal aid system is combed and studied,along with the establishment and development of the lawyer system,the basic framework of the legal aid system in China was established in 2003 by the Legal Aid Ordinance,current Criminal Procedure Law,The Provisions on the Legal Aid of Criminal Procedure in 2013,and two jointly issued on the Improvement of the Legal Aid System in 2015 have made a series of amendments and improvements to the criminal legal aid system,to formthe existing legislative content and system.The second part is the value of criminal legal aid system.The part from the equality of the prosecution and the defense and protection of human rights,procedural justice three aspects to judge the value of the criminal legal aid system.First of all,can change the accused natural vulnerable position,increase its defense against the prosecution authorities the opportunity,equality of the prosecution and the defense can be carried out.Secondly,can stimulates the accused to participate in litigation activities effectively,form supervision and restriction on the prosecution,exert positive influence on the activity,reflect the requirements of procedural justice.Finally,can make each party enjoy equal judicial protection,effective exercise of litigation rights,highlight the concept of human rights protection.The third part mainly expounds the main problems of criminal legal aid system in China.Based on the investigation and Research on the status of criminal legal aid in C City,through on-the-spot investigation,it is found that the effect of the criminal legal aid system is far from the expected goal,which reflects many problems.First,the scope of application needs to be expanded.In practice,the case of aid is growing slowly,the application of the notification assistance cases is narrow,the legal aid of the victims is easy to be ignored,and the application procedure of legal aid is not perfect,which is difficult to meet the practical requirements of judicial practice.Secondly,there are many obstacles to the successful application of criminal legal aid.In practice,the standard setting of economic difficulty is not scientific,the public awareness is not high,the application procedure is complicated,which are important factors that affect the successful application of the lawyer's help.Thirdly,the lack of funds to some extent hindered the effective development of criminal legal aid system.For this outstanding problem,the article analyzes the two aspects of the sources of funds and subsidies for handling cases,eventually,it is concluded that the expansion of the sources of funds and the improvement of the subsidy for handling cases should be an important part of the reform of the system.Finally,the quality of the lawyer's defense is not high,which weakens the effectiveness of the lawyer's participation in the criminal legal aid system.In practice,the low rate of criminal legal aid cases and the high adoption rate of aid lawyers have caused the illusion that the quality of criminal legal aid is in good condition.In addition,the compensation is too low to stimulate the enthusiasm of the lawyer to handle the case,and the lack of effective supervision and control mechanism for the handling of the case is also a practical problem to improve the quality of assistance.The fourth part according to the problems found in the investigation an antidote against the disease,to put forward reasonable and concrete countermeasures.Firstly to expand the scope,will be more than ten years of serious crimes,sentenced to severe disabilities,75 years of age or older people into the scope of criminal legal aid,and truly establish the victim's criminal legal aid right;relaxation of economic hardship standard,let more people benefit from it;refinement of legal aid in the application of specific procedures,so that criminal expeditious procedure,reconciliation procedure and death penalty review procedure can ensure the effective participation of lawyers.Secondly to enhance the quality,We should improve the security system of criminal legal aid,in order to improve the enthusiasm of aid lawyers;set up a professional team of lawyers,to ensure high professional quality,strong sense of responsibility of lawyers to provide legal aid;establish the quality monitoring system of criminal legal aid,including the establishment of quality standard the specific mechanism of supervision and management,and improve thequality of the assessment result clearly.Once again to strengthen security,we must improve the convergence mechanism between the various agencies,to make the criminal legal aid system into practice;improve the duty lawyer system,summing up the experience of the pilot,taking measures to improve the legal aid legislation,mobilize the enthusiasm of duty lawyers;the establishment of criminal legal aid system is to strengthen sanctions program,relief of prosecution human rights.The last is to explore the mode on the basis of the above,it is suggested to choose the legal aid mode which is suitable for itself and feasible,and to demonstrate the theoretical and practical conditions for the establishment of the public defender system in china.