Research On The Cost Sharing Mechanism Of Legal Aid

The legal aid system provides legal assistance to citizens who need legal services and meets the conditions for assistance through legal poverty alleviation and support for the weak.It is an important measure to protect the human rights of the judiciary and reflect the principle of equality before the law.In recent years,China's legal aid industry has developed rapidly,its service level has been continuously improved,its support capability has been significantly enhanced,and its legitimate rights and interests of low-income and low-income people have been effectively safeguarded.With the further deepening of the reform,the people's demand for democracy and the rule of law is growing.It is urgent to expand the coverage of legal aid so as not only to protect the legitimate rights and interests of low-income groups,but also to benefit the middle-lower income groups.However,China's current national conditions have determined that the government's financial resources are limited,and it is impossible to provide sufficient funds to guarantee the implementation of the legal aid system in a short period of time.In this context,this paper starts with the evolution of foreign legal aid system,analyzes the mechanism of its cost sharing mechanism,and draws on its useful experience to explore the establishment of a legal aid cost sharing mechanism suitable for China's national conditions.The first part of the text has made a certain degree of combing the historical changes of the legal aid system and the formation of the cost-sharing mechanism,and discussed the basic principles of the sharing mechanism: the legal aid system has experienced the stage of charity(18th and 19 th centuries).The stage of individual rights(first half of the 20 th century)and the stage of welfare state.In the third phase,countries have incorporated legal aid as a government responsibility into the national budget.With the further deepening of reforms,the coverage of legal aid has gradually expanded,and more and more citizens are seeking legal aid,and government fiscal expenditures are increasing.Especially under the influence of the global financial crisis in the 1970 s,countries generally faced the problem of lack of legal aid funding.The United Kingdom,Australia,Belgium and other countries and regions have taken corresponding measures to reduce the cost of legal aid.The legal aid cost sharing mechanism has been widely adopted as a useful measure to alleviate the contradiction between the coverage of legal aid and the financial burden of the government.This mechanism is mainly aimed at recipients who have certain ability to pay or have improved their economic situation and are able to pay part of the assistance costs,so that they can share legal aid with the legal aid services they receive.The system for handling cases.The second part analyzes the status quo of the implementation of China's legal aid system: in the process of operation,the legal aid system has problems such as prominent contradiction between supply and demand,insufficient financial resources,and narrow coverage.And with the transformation of major social contradictions,the reform of the Ministry of Justice on improving the legal aid system reform,and the full coverage of criminal defense,the legal aid has been put forward higher requirements,which requires us to resolve the legal aid coverage as soon as possible and the government The contradiction between limited financial resources.The third part analyzes the necessity and feasibility of implementing the legal aid cost sharing mechanism in China: Firstly,it analyzes the function of the cost sharing mechanism: it can alleviate the contradiction between legal aid demand and limited financial resources,and can be allocated fairly and effectively.Legal aid resources,giving full play to the legal aid system Function to ensure the quality of legal aid cases handled;secondly to find out the mechanism for the implementation of sharing practical basis: extraterritorial successful experience to draw on,in line with the current trend of judicial reform,initially with the mechanisms for implementing conditions.The fourth part starts from the extraterritorial experience and discusses the idea of establishing a cost sharing mechanism in China.Firstly,it introduces the legal aid cost sharing system of extraterritorial countries or regions,such as Hong Kong and the United Kingdom,summing up the commonality of the system and available to China.Learn from the places of reference,and then start from the national conditions of China to explore the institutional design of establishing a sharing mechanism in China.