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On The Perfection Of Legal Aid System In Administrative Litigation

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhangFull Text:PDF
GTID:2416330575472978Subject:legal
Abstract/Summary:PDF Full Text Request
In contemporary society,with the consciousness of rights permeating the public,settling disputes through legal channels has become a norm,and judicature has become the last line of defense.The professional legal inherent determines paid legal services,which has become the social vulnerable groups seeking an important obstacle to judicial relief,vulnerable groups lack sufficient economic conditions,it is difficult to get professional legal services,thus making it difficult to safeguard their legitimate rights and interests.Therefore,the legal aid system came into being,and the establishment and perfection of the system is the embodiment of the effective access to judicial relief,and it is also an important component of a national judicial system.Through the provision of specialized agencies and professionals in the state,the expenses for the disadvantaged groups shall be reduced,and the litigation rights of substantive equality in the proceedings shall be guaranteed,so that their legitimate rights and interests can be realized.China's professional legal aid system has been established since 1994.It has been 23 years since.In the past 23 years,the legal aid system has made great progress,in civil and criminal field has clear and feasible basis,but in terms of administrative proceedings,the legal aid system is the lack of clear and practical regulations,this is a great regret for the administrative litigation and the legal aid system.The administrative litigation is between the civil society and the private rights and the state administrative power of rational dialogue,negotiation,game is an important field of private rights,from the point of view,this game is helpful to the protection of human rights,promote social equity,so that the legitimate rights and interests of citizens and society to maintain public power;from the perspective of the game.The process is a process of promoting the administrative power legalization level,help to promote the administrative organs according to law,is of great significance to the construction of the government under the rule of law.But in the judicial practice,because the two itself control of resources is not balanced,actually it is very difficult in the ideal of equal legal status,rights due to the lack of professional and effective legal relief to the administrative power to form an effective limit,this situation not only cannot effectively protect the private rights,administrative power will and therefore more unscrupulous,based on this,the legal aid system in which give full play to role,has its unique value and significance.This paper will combine the case statistics,legal aid to the present situation of administrative litigation in China were analyzed from theoretical and practical aspects and put forward reference for perfecting the legal aid system of administrative litigation,in order to benefit the legal aid,and administrative litigation system construction.
Keywords/Search Tags:Legal aid, administrative litigation, empirical analysis, substantive justice
PDF Full Text Request
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