Problems existing in the construction of rural legal aid mechanism and coping strategy in

[Abstract] establish the mechanism of legal aid is an important way to protect the legitimate rights and interests of farmers, is the inherent requirement of building a new socialist countryside, harmonious society. The current China social economy affected two element structure, our country's legal aid showed the cause of uneven development between urban and rural areas, embodied in the legal aid in rural areas is faced with more difficulties and hindered. Establish a sound mechanism of legal aid, should be to meet the farmers' demand for legal aid for the first meaning, the legal consciousness of farmers, based on the expansion of rural legal aid of the case accepting range, to actively carry out non litigation legal aid mechanism, perfect with funding and human resources, so as to ensure the effective operation of the legal aid system.

Key word Rural legal aid; Legal Aid Ordinance; human rights; public lawyer

 

Legal aid in China refers to the legal aid institutions in the country set up organization, guidance and coordination, lawyers, notaries, grassroots legal service workers and other legal service personnel, economic difficulty or in special cases to give the parties, providing legal aid free of charge, to realize their legitimate rights and interests to protect, improve the national judicial justice mechanism, a sound legal system of human rights and social security mechanism. China's legal aid system began in 1994, known as the "towards the poor Noah's Ark", dissolve all kinds of benefits disputes and social contradictions in effectively, realize social justice, human rights safeguard mechanism, plays a positive role in promoting the judicial justice. Effective as of September 1, 2003 "Legal Aid Ordinance" marks the legal aid in China into the orbit of the rule of law from the chaotic situation, the original can not go one's own way. At the same time, as a system of legal aid in rural areas the main contents of the legal aid system has been considerable development, safeguard the legitimate rights and interests of farmers. But in the actual operation of the process, the mechanism of legal aid but has some serious weaknesses, restricted the superiority of legal aid system in rural areas of the play, and there is a big gap between the construction of harmonious society, the socialism new countryside goal.

A,       In the mechanism of rural legal aid problem

Report of the Seventeenth Party Congress, we must adhere to the overall planning, urban and rural development, regional development, economic and social development, not only to the overall situation, the main work and affects the overall situation, problems related to the interests of the masses, promote, key breakthrough. Mechanisms for legal aid as a social public products, greater reliance on the social and economic environment. With the social and economic structure of two yuan to the formation of long-term, the legal aid in the rapid development of the overall situation, the urban and rural development is very uneven, the legal aid work in rural areas do not enough, facing many problems and difficulties.

(a) the contradiction between supply and demand of rural legal aid

1 the limited, countryside legal aid resources

(1) the lack of human resources

 China's urban and rural development is not balanced, in the vast rural areas, the relative lack of legal professionals in city. The Legal Aid Center staff are generally in the judicial and administrative departments of the existing in the staff uniform adjustment, but has the qualification as a lawyer in the justice administrative department personnel less, difficult to meet the increasing need for legal aid in rural party. The judicial administrative departments will be assigned to the case law firms for legal services, by a law firm, excessive free legal aid cases takes a lot of manpower and energy, resulting in the decrease of the benefit value for legal aid cases.

(2) funding difficulties

 The legal aid funds mainly rely on the local financial. Most of the slow development of rural economy, the economy is relatively backward, the local government fiscal capacity is weak, can not give enough financial support, resulting in funding is far to meet the actual needs of legal aid deal, the legal aid work can not be carried out effectively in the countryside.

Special 2, rural legal aid object

(1) as the countryside legal aid object of the large population of farmers

 China is a large agricultural country, the members of the society of more than 2/3 is a farmer. With the popularization of legal work, improve the legal consciousness of the farmers, when their rights are violated more and more farmers tend to seek legal help. The rural economy is relatively poor, the low income of the farmers, so more and more demand for legal aid in rural areas.

(2) the concept of law is not strong

On the one hand, in the rural historical tradition, legal no supreme position, the guiding ideology of farmers' behavior is "Rites" than the "rule of law", thought to be the most shameful thing to fight, do not want to be others criticism, when the violation of the legitimate rights and interests, to solve the problem is to seek legal litigation way, rather compromise rather than go on the court. On the other hand, because of the overall education level is low, the understanding of legal knowledge and acceptance of weak, relatively narrow understanding, may increase the risk of legal aid. Once the legal aid cases losing, the recipient an objective evaluation of the legal aid system may be biased, even on the road of petition, which adds to the case handling personnel psychological ability. 1.

(two) the legal aid scope to meet the practical needs of the farmers

The State Council "Legal Aid Ordinance" second chapter and stipulates the scope of legal aid, rule tenth stipulation, the citizens of the matters need to agent, due to economic difficulties has not entrusted agent, can to apply for legal aid: request state compensation in accordance with the law; requests for social insurance treatment or the minimum living allowance; request to pension, benefits; claims for alimony, maintenance, maintenance; request to pay labor remuneration claim do boldly what is righteous; for the civil rights act. As can be seen, the standard setting the scope of legal aid in China over the city, and some of the most vulnerable farmers' basic rights such as land use rights, citizenship rights, autonomy, villager autonomy is not included in the scope of accepting cases, these basic rights are infringed, farmers will be in a helpless position.

(three) compared with the city, the legal aid in rural areas is faced with more difficulties and hindered

1, case complexity

Due to the rural economic development is backward, the trial mechanism is not perfect, coupled with the impact of traditional habits, which can increase the complexity of dealing with cases. In addition, the subject against their interests may also be the township government and village committee, and often in the form of red head file, farmers and administrative power to match, more difficult to deal with the case.

2, the relevant departments cooperation is not in place

Legal aid workers face legal aid cases perplexing, even though they make every effort to help the parties, but due to the relevant departments to support the legal aid work is not in place, and sometimes may not give satisfactory results. A legal aid cases may involve the public security, court, archives, business and other related departments, these departments may be due to mutual shuffle disputes over trifles, resulting in case processing cannot continue. On the other hand, although the parties do not have to pay the agency fee, but other departments involved in the case would charge related costs, this increases the cost of legal aid.

3, lack of social awareness of the legal aid in the countryside, the lack of publicity

Have a certain impact on traditional sense of legal education to farmers heavy feeling light ceremony law, improve the legal concept and legal consciousness. But because of the lack of legal object segmentation and administrative dominant strong, leading to carry out legal aid work in rural areas can not be effectively, make the legal effect. Some people think that developing legal aid work in rural areas is only legal aid center role, some people think that the legal aid lawyers assume these mismatches due, understanding, leads to the lag of legal aid work in the rural areas.

4, the legal aid work isn't really going deep into the countryside

In the contemporary Chinese society, the county level are generally provided with legal aid center, a relatively complete system, but by the township this level but few legal aid institutions. In the township departments, justice is the judicial administrative organs of the state is arranged in the Township People's government, is the agency of county judicial administrative organs, the judicial administrative organ is Chinese nerve endings. The root in rural areas, legal problems with farmers often encountered, the most suited to the rural legal aid institutions. But the majority of our set no justice, just set up a judicial assistants, unable to bear the function of rural legal aid.

Two,       Improve the mechanism of rural legal aid strategy

Object of legal aid in narrow sense is due to economic poverty, unable to pay the legal fees and not through the law to safeguard their legitimate rights and interests of a citizen or legal person. If only from the narrow concept to understand the mechanism of legal aid, in the current complex situation, it is difficult to solve the problem of protecting the rights and interests of farmers fundamentally. So we should explore a set of legal aid system in rural areas, and ensure its effective operation. Improve the rural legal aid mechanism, should from the following several aspects.

(a) to the peasants' demand as the basis, to promote the rule of law

 The establishment of legal aid system in the rural areas to protect the rights and interests of farmers as the core, based on the demands of farmers, farmers really solve the legal problems encountered. Therefore, we must go to rural areas, to understand the needs of farmers, to understand the operation mechanism of rural law, guarantee the mechanism of legal aid services for farmers. On the other hand, in the rule of law is not perfect, unable to establish the mechanism of legal aid. Therefore, perfecting the legal aid system in rural areas need to improve the rule of law, so that gradually improve with the development of the rule of law and legal aid mechanism, "first aid law, and legal aid", to solve the rural legal rules, the aid agencies to obtain effective legal aid tool, according to the law.

(two) to carry out legal activities, training farmers' legal consciousness, improve the farmers' legal quality

The farmers' legal quality directly affect the legal aid in rural development, increase farmers' legal quality, legal education is the key. Therefore, countries, government should the countryside, grass-roots level, the use of public media, all-round, multi-level sub object long-term legal advocacy and legal advice to farmers, break thought savages of the peasant masses through education, so that the farmers' legal consciousness is improved, know right where, how rights.

(three) the expansion of rural legal aid of the case to the recipient

China's "Legal Aid Ordinance" of the scope of accepting cases is unable to meet the needs of farmers, the farmers legal problems often encountered, items, increase the relevant laws to increase farmer burden of farmers against the right infringement cases, farmers the right to land contractual management case and infringement of peasants' political rights cases and other cases, in particular public interest litigation cases involving the case. 2.

(four) legal aid in litigation and non litigation legal aid both the countryside legal aid mode

The essential mechanisms for legal aid is the guarantee of human rights, the realization of social fairness. In reality, many civil legal aid cases if the lawyers to participate in mediation and other non litigation can resolve, without the need to solve by traditional litigation. The legal aid and combining mediation, inherited China "harmony" thought, can also save money, give full play to the basic role of legal aid institutions, to make legal aid economic and social benefits to enhance. Therefore eligible for legal aid, and the conditions of mediation, the parties shall give non litigation legal aid, reduce the economic and psychological burden.

(five) the countryside legal aid system to establish all-round, multi-channel, Dianmianjiege

1, strengthen the judicial building

To build the legal aid agencies to actively promote the construction of township judicial institute, judicial, where rural geographical advantage and political advantage, build our Township judicial institute as the center of the legal aid system. For the realization of the township judicial protection of the rights and interests of farmers legal aid function, to strengthen the judicial organization construction, political, professional quality training to increase the work of the county judicial personnel, improve the whole level of the team and the business ability, clear responsibilities and institutional construction Township judicial on legal aid. 3.

2, strengthen the work of Legal Aid Center for legal aid to farmers

The legal aid center is a specialized organization, guidance, coordination, supervision and implementation of legal aid work of the local area is responsible for the state to establish. As for farmers national 2/3 population over the low level of education, coupled with the impact of traditional culture, the initiative consciousness is not strong, or want to rights but don't know where the complaint or unable to appeal. This requires the legal aid center to strengthen aid to farmers tilt, change from passive to active service, active attention to farmers.

3, give full play to the third kind of strength, strengthen legal assistance team

Legal aid is not only a national responsibility, is also a kind of social welfare. In view of the present situation of contradiction between supply and demand of rural legal aid highlight, needs of the majority of third kinds of participation. As the women's Federation of the legitimate rights and interests of rural women against the issue of legal aid; Consumer Association for fake agricultural materials, hole farming kill farming incident legal aid for farmers; teachers and students play forces university law school, combining the teaching clinic law and legal aid team in China.

4, the establishment of the system of civil legal aid

Legal aid unpaid work too much dependence on to provide legal services for a living sacrifice is not practical lawyer industry is unreasonable. Draw lessons from foreign experience, can establish a system of public legal aid lawyers will qualify as a solicitor, the selection of personnel to the legal aid office of lawyers specializing in legal aid work, give preferential treatment, and make clear their rights and obligations in the laws and regulations, and ensure the quality of the legal aid work, guarantee the farmers to obtain legal aid specific and direct. At the same time, the government should give full play to mobilize social forces to participate in the legal aid work, establish public law and social law, notary, grassroots legal professionals to undertake legal aid cases combined, and with the social organizations and civil legal aid organization for a certain amount of legal aid of the case to supplement the mixed legal aid mode with human resources.

5, strengthen coordination and cooperation between the Legal Aid Department

In September 6, 2004 the Ministry of justice, the Ministry of civil affairs, the Ministry of Finance and other ministries jointly issued the "national nine ministries on the implementation of the Legal Aid Ordinance" to solve the difficulties of the masses litigation difficult issues opinions "," opinion "point out, to ensure the smooth implementation of the" Regulations ", is the people's government at all levels of responsibility, judicial and administrative departments at all levels, the legal aid institutions should give full play to the subjective initiative, effective organization of the work of legal aid, the relevant departments of the people's governments at all levels shall actively support and cooperate with the legal aid work. To make a good operation of the legal aid system, we must straighten out the relationship between the agencies, public security, civil affairs departments, such as the association and social security, to strengthen collaboration between the Department and the relevant functions of Legal Aid Center, make clear in way of the farmer. At the same time "Legal Aid Ordinance" eighth stipulates: the State shall support and encourage social organizations, institutions and other social organizations use their own resources to provide legal aid to citizens with economic difficulties. Therefore, the government can take legal aid system to expand as a social behavior, in order to establish the legal aid center as the leading, participate in relevant departments, social organizations, institutions of higher learning to multi-level legal aid system.

6, improve the quality of supervision mechanism of rural legal aid

The legal aid institutions can establish legal aid quality supervision measures in handling cases, organize and carry out the legal aid of the case handling quality inspection work, let the farmers involved in the case of supervision, legal aid workers handling quality, make the case for a more scientific and reasonable, that the interests of the farmers from the two infringement, to better safeguard their legitimate rights and interests.

(six) through multiple channels to raise funds of legal aid

1, increase financial input

"Legal Aid Ordinance" article third explicitly pointed out: the legal aid is the responsibility of the government, the people's government at or above the county level shall take active measures to promote the legal aid work, provide financial support to legal aid, the coordinated development of security and economic, legal aid society. According to the principle of state responsibility of legal aid, the government should according to the economic situation, arrange special legal aid budget in the scope of the financial permit, to provide financial support for farmers to obtain legal aid.

2, encourage and seek social support

Characteristics of legal aid has the public utility, the ultimate beneficiaries of public welfare undertakings of the whole society, so the social from all walks of life should also be action, enthusiastic dedication, positive contributions to society, legal aid funds to support.

3, establish the cost sharing system. The recipient can cost sharing in whole or in part because of the economic conditions prevailing in aid of substantive changes, while the implementation of non recipient of aid costs borne by the losing party system in civil litigation.

We will continue to perfect the system of legal aid regulations system in rural areas, to promote the work of legal aid standard, orderly, healthy development. Difficult but also should be aware of the problem, the establishment of legal aid system in the rural areas is a social systems engineering, needs the strong coordination with relevant departments, rather than merely a department. Modern, as a system of law or rule of law but also have rights to the society as an approximate fair allocation, it is impossible to guarantee that all damages are absolutely fair compensation, it can realize the just system of justice, rather than never "no litigation" or absolute in each case in all aspects of satisfaction that justice. [4] the rule of law in China at present the most important responsibility is to realize the justice of system, through the improvement of the system, the system of farmers to fair treatment.