| Since the 20 th century,the legal aid system has been practiced and promoted worldwide,and it has become "the most important revolution in law after World War II".Criminal legal aid is the most important type of assistance because of its direct relationship with citizens' right to life and freedom.The realization of basic constitutional rights such as power has been deeply valued by all countries.China began the exploration of the legal aid system at the end of the last century.Since 2003,laws and regulations such as the Legal Aid Regulations have been promulgated,and the transformation of the state-level and systematic legal aid system from scratch has been realized.Despite rapid development,China's criminal legal aid development has also fallen into a bottleneck period,mainly due to the huge breakthrough in the scope of legal aid,but the quality of aid is worrying.In October2017,the Supreme People's Court and the Ministry of Justice jointly issued the "Measures for the Pilot Work on the Full Coverage of Criminal Cases for Criminal Cases",which means that the scope and number of cases of criminal legal aid will continue to increase in the future,and criminal law assistance cases will be strengthened.The quality management and the construction of the corresponding quality supervision and management mechanism have become a top priority.Starting from the basic status quo of criminal legal aid,this paper introduces the theory of quality supervision of legal aid,combines the experience of building acriminal legal aid quality supervision and management system outside the domain,and explores the construction of criminal legal aid with Chinese characteristics,public,inspection,law and department.The quality supervision mechanism is divided into four chapters for research.The first chapter is an overview of the quality supervision of criminal legal aid.This chapter first introduces the current situation of criminal legal aid in China.Through reviewing the development process of criminal legal aid for more than 20 years,it expounds the current development status,explains the main problems,and clarifies the necessity and urgency of strengthening the quality supervision of criminal legal aid.Secondly,this chapter analyzes the necessity of quality supervision of criminal legal aid from the perspectives of actual needs,internal contradictions and value pursuits,and clarifies the goal of constructing a quality supervision mechanism for criminal legal aid,namely,promoting equality of prosecution and defense,achieving procedural fairness and strengthening human rights protection.Finally,this chapter explains the basic content of the criminal legal aid quality supervision mechanism from the perspective of supervision subject,supervision object,supervision method and quality supervision and evaluation standards.The first chapter lays a theoretical foundation for constructing the quality supervision mechanism of criminal legal aid.The second chapter is the analysis of the status quo of the quality supervision of criminal legal aid in China.This chapter sorts out the legislative status of the quality supervision of criminal legal aid in China,and analyzes the problems existing in the legal norms,including the low degree of legal norms,the need for perfection of criminal legal aid service standards,and the legal norm system of quality supervision mechanism has not been established.Wait.This chapter also introduces the legal aid supervision practice in various regions of China from the perspective of lawyers' admission and case evaluation,and then analyzes the problems existing in the practice work: the lack of uniform standards for the access of aid lawyers,the lack of independent and professional evaluation agencies,evaluation indicators and Thedesign of quality standards needs to be further refined and improved.On this basis,this chapter finally explores the underlying reasons for the poor quality of criminal legal aid cases in China: the weak foundation of criminal legal aid in China,the deficiencies of legal aid as the responsibility of government,and the long-term development model of legal aid in China This provides background and experience support for the construction of a quality supervision mechanism for criminal legal aid.The third chapter introduces the quality supervision mechanism of extraterritorial criminal legal aid.The construction of China's criminal legal aid quality supervision mechanism is inseparable from the study and reference of advanced experience.This chapter mainly introduces the quality supervision mechanism of criminal legal aid in Britain,the United States and Canada from the perspective of characteristic system.The main systems in the UK include the Legal Aid Bureau,the Lawyer Admission System and the Peer Assessment System.They also highlight the UK's peer assessment system and provide a reference for our assessment work.The United States mainly introduces the public defender assistance system,the two-way standard inspection system and is ineffective.The defense system;at the same time complement Canada's lawyer roster system and the major case management system.Finally,it summarizes and comments on the commonality of the legal aid quality supervision system in Britain and the United States: it has built a complete supervision system,formulated detailed quality standards,and constantly seeks to save the supervision methods.This provides a reference for China to construct a quality supervision mechanism for criminal legal aid..The fourth chapter discusses the construction of the quality supervision mechanism of criminal legal aid in China.Combining the theoretical basis and practical experience of the above-mentioned criminal legal aid quality supervision mechanism,as well as the relevant experience of foreign countries,this chapter puts forward the idea of ??constructing the quality supervision mechanism of criminal legal aid in China from three aspects: perfecting legal norms,refining the workflow and establishing supporting system..To improve the legal norms of criminal legal aid,we should first expedite the promulgation of the Legal Aid Law.Changing the legal aid for a long time is only the status quo of "government responsibility",improving the legal effectiveness level of legal aid norms,and secondly,improving the legal aid service standards.The quality supervision and evaluation criteria after the event should also be unified.The refinement of the workflow requires the criminal legal aid quality supervision mechanism to establish an ex-ante lawyer access mechanism,a process monitoring mechanism in the event,and an after-the-fact quality assessment system.To improve the supporting system,we will make recommendations from the perspective of improving the funding guarantee mechanism,constructing a relief mechanism for recipients,and establishing an accountability system for aid lawyers. |
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