On The Issue Of Legal Aid In The Context Of Full Coverage Of Criminal Defense

In 2017,the Supreme People’s Court and the Ministry of Justice jointly issued the Measures on Carrying Out Pilot Work on Full Coverage of Lawyers’ Defense in Criminal Cases(hereinafter referred to as the Measures),which put forward new requirements in areas such as the scope of criminal legal aid assistance,the guarantee of lawyers’ resources,the quality of defense,the protection of lawyers’ rights,and the guarantee of assistance funds.In 2021,the Legal Aid Law of the People’s Republic of China was promulgated,filling the gap in the legal aid system at the legislative level.However,in practice,there are still problems in system design and system operation that need to be further analyzed and promoted to be solved,and these problems involve both the level of legal norms and the level of practice.Taking the full coverage of criminal defense as the research background and the new requirements put forward by the full coverage of the criminal legal aid system as the starting point,through the analysis of empirical data,it is found that there are the following deficiencies: First,the connection between the Legal Aid Law and other legal systems is not smooth;second,some provisions are vague;third,the defense quality of criminal legal aid lawyers is not high;fourth,it is difficult to guarantee the lawyers’ right to read the case file and the right to meet with the case.The deep-seated causes of the above problems are: first,the allocation of basic resources such as lawyers and funds;second,the system of supervision and evaluation of the quality of criminal legal aid is not perfect;third,there is a cognitive error in criminal legal aid by the person being prosecuted,lawyers and judicial organs.Based on the above problems and reasons,based on the improvement of China’s criminal legal aid system,absorbing and drawing on the advanced experience of Britain,the United States,Germany and other countries,combined with China’s national conditions,the following solution suggestions are put forward: First,expand the team of criminal legal aid lawyers and do a good job in optimizing the allocation of regions;second,start from several aspects such as evaluation standards,subjects,and procedures,and improve the quality supervision and evaluation system;third,effectively protect lawyers’ practice rights;fourth,enhance the certainty of legal provisions through the formulation of implementation rules,and improve the system convergence mechanism The fifth is to reverse the erroneous concepts of the person being prosecuted,lawyers,and judicial organs.This paper is divided into four parts,first,to introduce the basic theories of full coverage of criminal defense and criminal legal aid system;second,to explore the existence of criminal legal aid system and deep-seated reasons;third,to analyze the advanced experience of other developed countries outside the region in criminal legal aid work;and finally,to put forward the idea of optimizing China’s criminal legal aid system.