Research On The Criminal Legal Aid System

The criminal legal aid system originated from the United Kingdom.With the development and improvement of the criminal legal aid system,the criminal legal aid system has become a yardstick for measuring the level of "ruling with law" in a country or an area.The criminal legal aid system is designed to ensure that vulnerable groups,including defendants and suspects etc.who have not appointed the defender due to financial difficulties or special circumstances,receive fair and equitable treatment and due legal protection;and further allow them to obtain effective defense from defenders in criminal proceedings.The criminal legal aid system is the core content of Chinese criminal procedure system.It represents the implementation and implementation of constitutional principles about respecting and protecting human rights.Chinese criminal legal aid system is slightly later than the western developed countries.The development time is shorter and the thinking is not mature enough,but Chinese criminal legal aid system has developed rapidly and has achieved significant results based on China's national situations.At the same time,while celebrating the tremendous progress made in Chinese criminal legal aid system,many problems need to be paid attention to.For example,at the legislative aspect,China lacks the special legislation of the criminal legal aid system;effective defense related to criminal legal aid cannot be carried out in the investigation stage;and the illegal sanctions of the criminal legal aid system have defects,and so on.In practice,the quality of criminal legal aid cases in China is not high,and the lawyers with the work of duty are not in place.In this paper,through the analysis of the development and practice of the criminal legal aid system,the author puts forward a series of suggestions.This paper includes the following five parts:The first part is the introduction.The significance and purpose of the research,the status of the domestic research and the research ideas and methods were briefly introduced.The second part is an overview of the criminal legal aid system.This part includes the meaning and characteristics of criminal legal aid and legal aid as well as the theoretical basis and the value of the criminal legal aid system.The third part is the current situation of China's criminal legal aid system.According to the current legal provisions and the application of the law,and in combination with the effectiveness of the criminal legal aid system in China,the problems existing in the criminal legal aid system in China are analyzed from the legislative and practical levels.The fourth part is the comparative study of our country's Extraterritorial criminal legal aid system.From three aspects of implementation,organization and quality management,we study the relevant provisions of the criminal legal aid system of the United States,the United Kingdom,Japan,Canada and other advanced countries under the rule of law.Through the comparative analysis,draw the essence from the experience.The fifth part is the improvement countermeasures for Chinese criminal legal aid system.From two aspects of legislation and practice,the policy for perfecting the criminal legal aid system in the new era and new period was put forward.The construction and development of the criminal legal aid system in China is a complicated and long process.The joint efforts and concerns from our country and society need to be invested.According to the analysis of the problems in the criminal legal aid system in China,we can make special laws for the criminal legal aid system,establish criminal legal aid provisions for the victims,improve the criminal legal aid work during the investigation,promote the work from criminal legal aid lawyers,and promote the full coverage of trials for lawyers' defense in criminal cases,etc.to further improve China's criminal legal aid system and safeguard the legitimate rights and interests of citizens.