Font Size: a A A

Research On The Scope Of Civil Legal Aid

Posted on:2020-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2416330590471945Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Decision on Improving Several Major Issues of Ruling the Country by Law,adopted at the Fourth Plenary Session of the Eighteenth Central Committee,regards the improvement of legal aid system as an important part of the construction of legal service system and is included in the major reform task of the construction of a society ruled by law.The Opinions on Improving the Legal Aid System issued by the Central Office and the State Office in 2015 calls for expanding the coverage of legal aid.In this context,“expanding the scope of assistance” should become the focus of the current reform of the civil legal aid system.The scope of legal aid in civil litigation consists of the scope of the object and the case.Its reasonable definition is not only the division of public legal services and market-oriented legal services,but also one of the justifications of the civil legal aid system.Based on the practice of civil legal aid system,this thesis will study on the basis of extraterritorial legislative experience.And hope to clarify the main problems of the scope of legal aid in civil litigation in China and put forward suggestions for reform and improvement.This article contains four chapters in addition to the introduction and conclusion:The first chapter discusses the concept of legal aid in civil litigation and its legal value.The scope of legal aid in civil litigation refers to which objects and types of civil cases involved in the activities of civil litigation can receive legal aid provided by the government.The scope of the object refers to the legal aid provided to those poor and weak groups in civil litigation.The scope of the case refers to which types of civil cases provide legal aid.The construction and practice of the legal aid system for civil litigation is a concrete manifestation of the distribution of justice,which helps to maintain social order and promote social integration.Moreover,the reasonable definition of the scope of legal aid in civil litigation is the boundary between the public legal service and the legal service market.The second chapter mainly studies the current situation and existing problems of the scope of legal aid in civil litigation.By sorting out the laws,regulations andpolicies of the civil legal aid system at the national and local levels,it is found that the scope of legal aid in civil litigation in China presents major problems such as“fuzziness of rules ”and “locality of norms”.Through empirical research,it can be found that the economic difficulty criteria for the scope of legal aid in civil litigation are not only harsh but difficult to determine;difficulties arise in implementation due to the absence of a combination of the scope of the object and the scope of the matter;the type does not include the main types of civil disputes faced by poor and vulnerable groups;the lack of a “case review procedure” leads to a disproportionate cost-effectiveness of institutional practice.The third chapter uses the method of comparative analysis to sort out the legislative provisions of the scope of legal aid for civil litigation in extraterritorial countries and draw on its useful experience.The definition of the scope of legal aid objects in foreign countries and regions is generally stipulated from two aspects: the identity condition and economic condition of the aid object.There are three types of economic conditions: income-based,asset-based and exempt from review.There are two characteristics in the regulation of the scope of cases: one is to stipulate the principle directly and broadly;the other is to define the scope in the way of priorities or exceptions.It sums up the experience from the legislative methods and specific regulations of various countries and explores the enlightenment significance of the scope of legal aid for civil litigation in China.The fourth chapter is based on the aforementioned problems in the scope of legal aid in civil litigation in China to put forward suggestions for reform and improvement.This part not only puts forward that the gradual reform should be carried out under the framework of the basic system,but also the principle of proportionality under distributive justice should be used to construct the scope of objects and cases,and maintain a moderate and cautious attitude towards expanding the scope of legal aid.
Keywords/Search Tags:Scope of assistance, Scope of object, Scope of cases, Distributive justice
PDF Full Text Request
Related items