Research On The Effectiveness Of Legal Aid In Investigation Stage

Legal aid in the investigation stage plays a significant role in both protecting the basic rights of criminal suspects and promoting judicial fairness.However,there are still a lot of problems in judicial practice.In particular,the lack of effectiveness of legal aid in the investigation stage has become a bottleneck that restricts the development of the system.Only by giving full play to the role of legal aid in the investigation stage can we better show the value of institutional design.In the meanwhile,the operation of any judicial system is not isolated.The effective realization of legal aid in the investigation stage is inseparable from the effective defense in the investigation stage,the traditional aid lawyers,and the aid duty lawyer system.Hence,the studies on the effectiveness of legal aid in the investigation stage should place it in the context of the background of the whole judiciary for interpretation instead of being restricted to the system itself to explore the effectiveness and perfect path of legal aid in the investigation stage.In addition to the introduction part and conclusion part,the article consists of other four parts.The first part is an overview of the effectiveness of legal aid in the investigation phase.First of all,the definition of the concept of the effectiveness of legal aid in the investigation stage includes two aspects-‘legal aid in the investigation stage' and ‘effectiveness'.It is defined to be the fact that legal aid can be provided by the country for the suspects who meet the statutory conditions in the investigation stage in a timely manner.Besides,it is requested that the aid lawyer provided should have certain experience and ability to make the defense effective.It is to clarify the content of the effectiveness of legal aid in the investigation stage on the basis of the concept.Secondly,the types of the effectiveness of legal aid in the investigation stage can be divided into the following two categories depending on whether the service object is fixed-legal aid traditional aid lawyers and legal aid duty lawyers.Finally,the value of human rights protection and the value of equality in legal aid in the investigation stage are analyzed,and thus drawing the significance of the theoretical research on the effectiveness of legal aid in the investigation stage.The second part is an analysis of the problems and causes of the effectiveness of legal aid in the investigation stage.The analysis of the problems of ‘the effectiveness of legal aid in the investigation stage' must be distinguished from the problems of ‘legal aid in the investigation stage'.At the same time,the analysis of the problems should be on the basis of the content of ‘the effectiveness of legal aid in the investigation stage'.Based on this,the legislative contents,aid funds,lawyers' meetings,the number and quality of personnel and the evaluation mechanism are discussed in this thesis and their caused are also analyzed.The third part is an examination of the effectiveness of legal aid in the investigation stage in the UK and New Zealand.The United Kingdom and New Zealand are the representative countries in the Anglo-American legal system,but the quality assurance project of legal aid has developed rapidly,and the practice has been raised to the level of institutional construction,which provides a normative guidance for the effective operation of the legal aid system in the investigation stage.Therefore,the traditional aid lawyers and duty lawyers of legal aid in the UK and New Zealand are analyzed and the advanced experience is summarized accordingly.The fourth part is the realization of the effectiveness of legal aid in the investigation stage of China,which is the key part of this thesis.In order to realize the effective operation of the legal aid system in the investigation stage,based on establishing a sound legal aid legislative system,the legal funding guarantee mechanism should be improved,the rights to meet of aid lawyers should be regulated,the aid lawyer system should be improved,and finally the evaluation mechanism of the effectiveness of legal aid that is applicable to the investigation stage should be constructed.All parties should cooperate with each other to jointly promote the effective realization of legal aid in the investigation stage.