Research On The Validity Of Legal Aid In Civil Procedure

In recent years,the number of legal aid cases in civil lawsuits has grown significantly and is close to half of the total number of legal aid cases.The Fourth Plenary Session of the 18 th CPC Central Committee emphasized the promotion of the construction of a public legal service system and improved the legal aid system.In this context,this article analyzes the effectiveness of legal assistance in China's civil lawsuits through comparative research and empirical investigations,to understand the existing problems and propose specific suggestions in order to enable recipients who have legal assistance needs in civil lawsuits to not only be able to received legal aid and really enjoy the substantive equality behind the protection of private rights.The body of this article is divided into four parts.The first part summarizes the effectiveness of legal aid in civil lawsuits.This section proceeds from the concept of legal aid in the order of progressiveness.It elaborates the definition of legal aid in civil lawsuits,the combination of effectiveness theory and legal assistance in civil lawsuits,and criminal legal assistance.The comparison of effectiveness,then introduced the connotation of the effectiveness of legal aid in civil litigation and its significance in research.The second part is the comparative study on the effectiveness of legal aid in civil lawsuits,which is mainly based on quality standards.This part adopts a literature-based approach and analyzes and compares the provisions of the quality standards for legal aid in civil litigation between China and Western countries in order to obtain a comparative analysis.From the angle of view,it can provide reference for the improvement of the legal aid system for civil litigation in China.The third part adopts an empirical research method to obtain the current status of legal aid effectiveness in civil litigation and opinions of stakeholders through qualitative research(interviews,questionnaires)and quantitative studies(authoritative statistics issued by the National Legal Aid Center),based on empirical evidence.The research content finds the main problems and its institutional factors from the perspective of effectiveness.In the fourth part,based on the comparison of the second and third parts of the comparative study and empirical research,the author proposes that the procedural evaluation should be based on substantive standards and suggest that reforms should be made to reform the management system and supervision of the effectiveness of legal assistance in civil lawsuits,and incentive mechanisms to further structure the effectiveness of legal aid in civil litigation.