The Research On Criminal Legal Aid System In China

In recent years,China has made great efforts to improve the criminal legal aid system from the national situation and learn from foreign useful experience.Through the revision of the Criminal Procedure Law of the People's Republic of China and the improvement of relevant supporting provisions in 2012,the standard system of criminal legal aid with the Criminal Procedure Law of the People's Republic of China and Legal Aid Regulations is basically formed.Subject to the conditions of practice of the aid lawyer,the entrusted relationship with the recipient and the disciplinary mechanism of the bar association,most counsel's defense is difficult to adopt.At the same time,the special funds of criminal legal aid are not only low proportion,but also a single source of income,unreasonable expenditure structure,lawyer resources subject to the laws of the market and showing a regional distribution.For the extension of criminal legal aid to the pre-trial stage,the aid agencies and the judiciary on the information linkage and convergence mechanism,the quality of aid control model,the recipient's rights relief channels and other aspects need to be further improved,In this regard,the author will use the knowledge of interdisciplinary to explain the criminal legal aid system in practice,the level of aid defense is not high,basic resources allocation is not scientific,supporting measures have not yet established,and other issues.From the perspective of law and economics,there are two reasons for restricting the effective operation of our criminal legal aid system:First,it is due to the expansion of the Criminal Procedure Law of the People's Republic of China,the defense lawyer in the pre-trial stage will restrict the power of the public security organs and procuratorial organs from the perspective of social supervision;secondly,after the application for assistance in accordance with the designated defense or approval,the presence of the aid lawyer at the trial stage will adversely affect the judge's jurisdiction.The analysis of the case of criminal legal aid from microcosmic sociology shows that the difference between the social status of the poor and the prosecuted person and the social status of the aid lawyer often affects the quality of aid.The adversarial pre-trial procedure is not only conducive to assisting lawyers to advance the case and to assist the recipient in time,but also to investigate the legitimacy of the investigation and prosecution of the prosecution into the scope of judicial review.China 's current legal aid agencies also have the functions of management functions and services.In the future,the use of government to buy social lawyers to provide services should clearly distinguish between the full-time lawyers within the aid agencies and outside the public defender system similarities and differences.Compared with the emphasis on the results assessment,the rational approach is to choose to take the "case type + litigation stage" with the refinement of procedural assessment means.In the framework of peer evaluation,the opinion of the prosecutor is helpful to enhance the scientific and reasonable evaluation of the results.