Study On The Scope Of Criminal Legal Aid

Criminal legal aid is a system that guarantees the poor and poor groups have equal access to legal aid.The size of its assistance directly relates to the implementation of the criminal suspect and defendant's right of defense,the realization of the justice of criminal justice procedure and the improvement of the human rights security system in China.The scope of criminal legal aid refers to that in criminal proceedings,in accordance with relevant laws and regulations,it is determined whether the legal aid can be provided to the beneficiaries of the scope and scope of the matter.The scope of the object of criminal legal aid refers to which people provide criminal legal aid,that is,to meet the main recipients of the conditions or economic conditions.The scope of matters of criminal legal aid refers to what criminal matters are provided legal aid,that is,the scope of certain specific criminal cases,stages of proceedings and the factual circumstances related to a case or a lawsuit.The history of the criminal legal aid system in western countries is also the history of gradual expansion of criminal legal aid.Different judicial systems and procedures have an impact on the national legislation.How to protect the legitimate rights and interests of the accused is the goal and core of the legislation,all countries attach great importance to the special recipients of criminal legal aid protection.And these countries have provided us with good experiences in the protection of vulnerable groups,the legal aid in the whole process of criminal proceedings and the legal aid of victims.After analyzing the changes and characteristics of the scope of Chinese criminal legal aid legislation,we found the following major issues in the scope of Chinese criminal legal aid.Firstly,legal assistance for pre-trial proceedings has not been effective implemented.Secondly,the scope of criminal legal assistance is narrow.On the one hand,economic hardship standards are too harsh.On the other hand,certain special objects that should have been included in the scope of legal aid,such as victims,inmates,and the elderly,are not included.Thirdly,the range of criminal legal aidmatters is narrow.Not only does the current range of criminal legal aid matters have to be expanded,but also cases of second instance trials that apply ordinary procedures,cases that apply trial supervision procedures,and cases that apply criminal expedited procedures have not been included in the scope of criminal legal aid matters,and there is no reasonable reason to do so.To solve those problems mentioned above,we should expand the scope of the object of criminal legal aid,relax the economic difficulties in criminal legal aid,and include eligible victims,prisoners,and senior citizens in the scope of statutory aid.Secondly,expand the scope of criminal legal aid,include the cases of second instance that apply ordinary procedures,cases that are tried according to trial supervision procedures,cases that apply expedited criminal procedures,and cases that may be sentenced to more than five years of imprisonment in the scope of statutory aid.Thirdly,improve the supporting measures provided by the existing laws.It needs to pay attention to the implementation of legal aids in the pre-trial procedures and protect the right of the close relatives of the respondent to apply for legal aid on their behalf.