How to mobilize the enthusiasm of lawyers involved in legal aid

Xinxiang city Weibin District Bureau of JusticeChen Hongliang

  Abstract:The lawyer is an important force in the cause of legal aid, legal aid lawyers involved in the necessity and legal obligations, but at present many reasons in legal aid lawyer caused the enthusiasm is not high, thus put forward some suggestions, for reference.

 Key word.Legal aid Lawyer Legal services

The legal aid work smoothly cannot do without the participation of lawyers, the socialist concept of rule of law requests to popularize legal knowledge, the number of lawyers existing can not meet the need of the society, and the existing law firms and lawyers fees in general more expensive, so many in management cannot obtain legal services timely legal affairs when the. Because of lack of legal services, so that some could have been resolved through legal channels and the intensification of contradiction, for days and months multiplying, forming factors of instability. The lawyer into the legal aid scope, to expand the coverage of legal aid, to make more people get timely legal service, high quality, meet the needs of society.

The State Council "Legal Aid Ordinance" sixth stipulates: "a lawyer shall in accordance with the provisions of the lawyers law and the present regulation, perform the obligation of legal aid, and provide legal services to meet the standards for the recipient, safeguard the legitimate rights and interests of the recipients, accept the supervision of Lawyers Association and the Ministry of justice of the door". Thus the lawyer's participation in legal aid is their obligation. "Lawyers Law" forty-seventh stipulates: "if a lawyer refused legal aid, according to the plot by the judicial and administrative departments of the warning, a fine of 5000 yuan, the confiscation of illegal income or stop practicing for 3 months of punishment". In the enthusiasm so hard under the provisions of lawyers will be higher? The lawyer is different from other occupation, is a highly professional occupation, even lawyers accept legal aid cases, but not the best, then the same enthusiasm is not high. At the same time, lawyers in the provision of legal aid work enthusiasm is not high, the main reason has the following several aspects:

A, funding less. Grant funds to the lawyer's legal aid cases is less often, lawyers say they pay and reward is not proportional to. To the lawyer subsidies at this stage of the legal aid is often the only hundreds of yuan, other non legal aid cases and lawyers is less, so the lawyer legal aid cases than agent or agents of the enthusiasm is not high.

Two, the recipient of legal information less. Legal aid cases involving people often is some economic difficulties, no litigation procedures such as people, their relative in the degree of understanding of legal knowledge is less, so the lawyer for legal aid cases in material and in terms of evidence collection difficulty. Coupled with the relevant information to the recipient does not understand the legal knowledge to provide may be less, or not conducive to the case of meaning, the lawyer would not involve such legal aid cases.

Three, the lawyer is not willing to spend the time in legal aid consulting work. The lawyer is not professional to provide legal aid, they have other cases need to apply for registration, the scheduling system, social lawyers working enthusiasm is not high, sometimes is not a lawyer refused to provide consulting and duty, they don't have the time, the aging system so important today, a lawyer may not give up the other cases to conduct consultation on duty.

In view of the lawyers in the provision of legal aid work enthusiasm is not high on the suggestions are as follows, for reference only.

One is to increase the other aspects of providing legal aid of the case to the lawyer's support. Legal aid lawyers funds subsidies for the relatively few cases, to honor rewards in terms of its, this as a lawyer, social reputation and ability to work symbol, let the public have an intuitive understanding of the social law, increase the source and social reputation of social law to provide some help, indirectly increase the lawyer income, can fully mobilize the enthusiasm of the lawyer to participate in legal aid work.

Two is offered free of charge to the special groups. In keeping with the legal propaganda effective under, regularly carry out law for some special groups. Play the role of publicity of the masses, mutual promotion of legal thinking, fully understand the legal behavior and methods, understanding of the legal process, increase awareness of the law. Not only provides support for a lawyer to provide legal aid, more publicity to the legal thought.

Three is the scheduling registration system into the integral evaluation system, and suggest a combined, thus to evaluate the lawyers reputation and ability to work, the system of rewards and punishment in this evaluation, fully mobilize the enthusiasm of lawyers involved in legal aid work.

Four it is reasonable to assign cases to lawyers. The correct analysis of legal aid case case, a clear direction in this direction, assigned to the good lawyers, they will be more willing to provide legal aid to support the provision of legal aid cases, not only increased the lawyers to practice their own professional also provides positive and effective legal aid services.

With the decrease of the legal aid threshold and legal aid scope gradually expanding, developing legal assistance needs more lawyers involved, they are an important force in the legal aid work on. We gradually improve and standardize the system, take the initiative to provide economic support and spiritual support for lawyers to carry out the legal aid work, timely coordination problems in the work, believe that the legal aid work will be more productive, get public support and encourage, support for twelve five legal aid career development planning.