Study on the budget management of funds for legal aid

Xinxiang city Huojia County Bureau of JusticeLiu Mingyou

 

Abstract To

 

Legal aid system is the country in order to guarantee the rights of civil law to be implemented in real life, the need to use legal means to defend the legal rights of their unlawful infringement, but because of financial difficulties and cannot afford legal service fees (such as the disabled, women, children, the elderly, mental retardation and etc.) some special cases of the parties to provide free legal services in order to safeguard the legitimate rights and interests can be realized, so that they can be equally like other citizens enjoy a legal system of the equal protection of the laws. This system is people-oriented, the guarantee of constructing harmonious society, have very important significance.

At the beginning of 2009, the Department of justice of Henan province put forward the guiding ideology of legal aid "aid as aid". " aid as aid" contains two meanings: on the one hand, it requires to come for help the masses to refuse nobody all give the law, to meet the conditions for aid; on the other hand, it requires the assistance to conform to the legal conditions of the masses know the legal aid system, know to which department shall. "The core support to make aid" is a case will do, answer all the questions, provide quality and efficient legal services the recipient objects. "Love to make aid" to maintain the legitimate rights and interests of vulnerable groups of extraordinary significance, if realized, Henan province will be basically completed vulnerable groups because can not afford a lawyer and not protected by law history. But the work in practice is facing a major challenge. Because the "aid as aid recipient conditions" in line with the masses know for help, to the legal aid institutions so, there will be more and more people know the legal aid system, which caused the number of masses of legal aid applications grow with each passing day. At the same time, the government allocated to the legal aid center of funds is not synchronous growth. This will inevitably lead to a problem: Legal Aid Center to give the lawyers handling subsidies gradually reduce. Legal aid cases mainly rely on lawyers to handle, it can get the subsidy is far below the lawyer fees for normal, if continue to decline, is bound to weaken the enthusiasm of lawyers, to cause quality legal services for vulnerable groups obtain discount. With the purpose of legal aid is not consistent.

In order to solve this contradiction, the judicial administrative organs at all levels of leadership around, to spend a lot of time and effort to urge the government to increase capital. For the process to cost of human, material and financial resources, resulting in a waste of social resources. The problem is not limited to. Judicial authorities despite spending a lot of energy, but can get much money is still a very uncertain unknowns, a great relationship with the specific person communication and coordination ability. This cannot guarantee the system from the legal aid work. So, this paper introduces the concept of performance budgeting.

Performance budget originated in the last century fifty's American. The core of performance budgeting is the performance index. These indicators become the focus of the government agencies concerned, but the traditional mode is, want to work, you must feed the people. Doing so will reward poor performance of public management. Performance budget result oriented, the social effect as budget standards, emphasizing the role of the government funds. Generally speaking, is "to spend money to buy services". The traditional budget model is difficult to solve the problem of funds for legal aid, because regardless of the financial sector or budget examination and approval departments do not know how much money this work really need, but do not know how many there are allocated to the judicial administrative organs of the funds used in the legal aid work in the. This information opaque, the legal aid fund budget is hard to get approval. In order to change this situation, we should adopt the performance budgeting method. Specifically, is to determine the amount of funds allocated according to the legal aid cases for results. This need according to different types of cases to determine each case subsidies standards, then in accordance with the law case quantity issued case subsidy. According to this method, a lawyer to handle the case by how much, how many subsidies, government spending much of the legal aid funds, are all steel data clear, don't need justice secretary to financial department for money. Legal aid funds problems will be smoothly done or easily solved.

With this budget at the same time, we must also solve a problem, quality problem is a lawyer to handle the legal aid case. This requires the establishment of a sound system of case quality evaluation, ensure the recipients receive quality service, guarantee the legal aid system has achieved good social effect. A lawyer to handle the case only up to a certain quality standard, in order to receive the subsidy. So, the quality of the case review is a must be matched with a performance budgeting system, in order to ensure the legal aid system of social effect.

 

Key word.Legal aid, funds, performance budgeting

 

Abstract

 

The legal aid system is a system built for helping those people (like the disabled, women, children, the old and the mentally disabled) who need to turn to law for help to safeguard their legal rights, meanwhile, they cannot afford to pay the fees because of poverty. The system is also for those people who is involved in special lawsuits. TheBuilding of the system has great significance, because it ensures that the people are able to be protected by law when we Chinese people are building harmnous and humanous Society

At the beginning of 2009, the Legislative Bureau of Henan Province put forward to an instructive idea on legal aid. The idea is "Helping Those Who Need Help It includes two meanings:". On one hand, the legal aid lawyers must serve all the people in Henan province who come to turn to the law for help, on the other hand, the people should knowWhich department they can turn to for help. "Helping Those Who Need Help" demands not only high quality but also effective law service. Its key point is that no case can be neglected, all consulted questions must be answered. It has great significance on guaranteeing the interests of the root-grass people. Should "Helping Those Who Need Help" be put into pratice, Henan province would put it an end to the history that because of poverty, people cannot be protected by the law. However, at present, the work -- Helping Those Who -- Need Help faces great challange. As more and more people get to know this legal aid system and turn to the lawyers for help, at the same time the fund from the government assigning to The Legal Aid Centre does not grow. The lawyers who undertake the legal aid work will gradually lose interest in their job, because of lower subsidy. As we know the legal aid cases are undertaken by the lawyers, the subsidy is far lower than the normal charge fees. If the subsidy is continuou Sly reduced, the lawyers will lose interest in undertaking the cases, and the service quality will drops or discounts

To solve the controdiction, traditionly, the different legislative officials always have to spend a lot of time and energy in fighting for more fund from the government. During the course of applying, great amount of social resources are wasted. But it is not certain how much fund they can get. What`s more, it has much relationship on one`s specific communication ability, It certain can not carry out the work normally. So, the Author here introduces the Performance Budgeting

The concept of performance budgeting dates back to America in the 1950s. Its core is performance index. The index became the focus of the government. The traditional model is raising people because you want them to do something, the result is thePersonWith lower ability is often rewarded. As for the performance budgeting, the final result is regarded as a guideline. It takes social effect as the guideline and emphasise importance of the government fund. Popularly speaking, it is "Buying Service with Money" budgeting model has great. The traditional difficulty in solving the lack of legal aid fund, because neither finacial Department nor budgeting Department knows how much money should be need on legal aidWork, nor do they know how much money has indeed been spent on the legal aid work. This non-informed information makes it difficult for the legal aid budgeting to be passed. In order to change the situation, the performance bugeting method should be adopted. So, the author here holds the idea that the amount of money should be decided according to the figer of the various cases solved. It needs to check what kindEach caseBelongs to, according to the cases a lawyer undertakes he gets his subsidies. In this way, the legal aid fund given by the government is clear. The head of legislative department needn`t fight for money. At the same time, the problem of legal aid fund is settled

Another problem is on how to control the quality of legal aid case a lawyer undrtakes while this budgetting method is adopted. It requires that a system should be built so as to gurantee the needed get their fine quality service and to make sure that the legal aid system has a good social effect. Only when those cases undertaken by the lawyersReach the certain quality can they get their subsidy. So the case quality control system should be built, accompanying the budgetting system to gurrantee that the legal aid system has a good social effect

 

KEYWORDS:Legal Aid; Fund; Performance Budgeting

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Mesh Record

First chapterThe introduction.... 1

The first sectionThe background and significance of the topic... 1

The second sectionLiterature review.... 2

The third sectionThis point of view and the structure arrangement.... 4

The fourth sectionThe difficulties and innovations in this paper..... 5

The second chapterThe legal aid and the lack of funds... 6

The first sectionSummary of legal aid..... 6

The second sectionLegal aid budget funds.... 9

One, the legal aid funds income..... 9

(a) the legal aid funds overall income... 9

(two) the legal aid funding situation... 10

Two, legal aid expenses..... 11

 (a) expenditure basic situation... 11

 (two) business expenses..... 12

 (three) the subsidy expenditure..... 12

The third sectionAnalysis of the influence of legal aid funds..... 13

The fourth sectionLegal aid fund shortage analysis..... 15

One, the government limited financial resources is the important cause of insufficient funds for legal aid..... 16

Two, "economic person" phenomenon is caused by the problem of a reason... 16

 (a) budget funds the Department's value orientation.... 16

 (two) the budget department of the value orientation..... 17

Three, power rent-seeking increased the difficulty of solving the problem..... 19

Four, the budget technology development makes the game more intense..... 19

The third chapterLegal aid fund and performance budget management... 22

The first section performance budget of the meaning and characteristics of the.... 22

The second sectionPerformance budgeting is to solve the shortage of funds for legal aid mode... 25

The third section, the legal aid fund performance budget management scheme.... 27

A, quality evaluation system is the realization of legal aid to ensure the effectiveness of.... 28

Two, how to ensure the realization of legal aid effect index... 31

Conclusion..... 34

Reference.... 35

Acknowledgements... 39

The resume and during the period of published research findings.... 40

First chapter LeadWords

 

The first section of the background and significance of topics

 

At the beginning of 2009, the Department of justice of Henan province put forward the guiding ideology of legal aid "aid as aid". " aid as aid" contains two meanings: on the one hand, it requires to come for help the masses to refuse nobody all give the law, to meet the conditions for aid; on the other hand, it requires the assistance to conform to the legal conditions of the masses know the legal aid system, know to which department shall. This work to achieve the goal is: the public legal aid awareness rate reached more than 70%; the coverage of legal aid to reach more than the province's total population of 35%; the legal aid institutions shall provide free legal advice to all visitors; who meet the conditions of legal aid citizens can apply for and obtain legal aid timely and convenient, the legal aid case numbers in the mass increase. The establishment of legal aid and efficient in the urban and rural system, legal assistance and service capabilities greatly enhanced, the differences of legal aid supply and demand contradiction and the area will be a degree of ease, the legal aid society level obvious promotion, public welfare legal aid has been fully embodied. "The core support to make aid" is a case will do, answer all the questions, provide quality and efficient legal services the recipient objects. "Love to make aid" to maintain the legitimate rights and interests of vulnerable groups is of course very meaningful. If realized, Henan province will be basically completed vulnerable groups because can not afford a lawyer and not protected by law history. This will be people-oriented, important point of constructing the harmonious society. To build a socialist society ruled by law, realizing social fairness and justice, and maintain social stability plays an important role in.

"Love to make aid" is not the image project, nor face job, meaning but the legal aid system. The country set up legal aid system of the original intention is to make the difficult people eligible to get legal assistance. So, can enjoy the social resources should not be difficult masses a few know the difficulties of the masses of this system or power levels have a certain relationship, but should be all eligible poor people. So said, "innovation should aid to make aid" is not a system of the basic requirements, but the country set up this system. The development and progress of a society is the most important indicator is not to see how high speed train skyscrapers, how fast, but people's life level, the whole society is very harmonious. If some people for the reason, family economic reasons or natural condition and deserted by the society, it will be dangerous to the society. The human society has the gap between rich and poor is normal, the rich enjoy more social resources at any time, any country is not strange, but, the poor can enjoy basic social resources are not all the time, all countries can do. China communist party representing the fundamental interests of the overwhelming majority of the masses of the people, the aim is to make the most of people can enjoy equal social resources, truly equal before the law. "Love to make aid" is precisely this trend conforming to the social development and appear, is the embodiment of the Scientific Outlook on Development. The system for the protection of the legitimate rights and interests of the social vulnerable groups, has very important significance to the building of a harmonious society. Therefore, the study on this system not only has theoretical significance, but also has very important practical significance, is the practice of an important part of the Scientific Outlook on Development. However, to do this, a major problem faced is how to guarantee the legal aid fund. According to the survey, in recent years, the Ministry of justice, the country generally exists in the legal aid fund shortage. To achieve the "aid as aid", must have sufficient funds to do security. So, the reform of budget management of the special fund for legal aid is particularly important.

The social vulnerable groups is not equal to legal services, because of their limited economic conditions, can not afford to hire a lawyer to provide legal services. Go to the root of the problem, or a capital. Legal aid system is to solve the problem of their. To solve this problem, of course, the final implementation supply problems. Therefore, this paper will be how to solve the problem of legal aid funds as the research key, for the realization of "assistance to make aid" should have the certain significance.

 

The second section Review of the literature

 

The legal aid system from England in nineteenth Century, the British thinker Rock that "the purpose of law is to govern by law all people just use the law to protect the innocent, and relief". This is the origin of the legal aid of thought, the legal aid. If the state can not guarantee that all people can enjoy the fair legal resources, the law should have lost the meaning of "fair". This has been recognized by the Chinese and foreign legal circles. Because of the legal aid system has very important significance, to achieve the goal of equality before the law so, must have a set of the legal aid system can guarantee the normal operation of the funding mechanism.

The legal aid center of the Ministry of justice of Gong Xiaobing thought, the legal aid system development to the present, whether domestic or foreign, are facing the same problem on how to resolve the legal aid funds, namely the amount of funds can not meet the actual needs, but in how to solve for the state financial investment is not more effective scheme. National laws regulations, legal aid is the responsibility of the government, the legal aid fund needed shall be undertaken by the government. As China's economic conditions, the government has not fully assume this responsibility. Zheng Ziwen and He Chunyun thought that the social donation and lawyers to pay the legal aid system can alleviate the legal aid fund to a certain extent, problems[1]The main source, but this should not become the legal aid fund. Huai Yang favouring the parties sharing system, it also helps to solve this problem, but the foreign experience[2]In this way, but is easy to appear the phenomenon of arbitrary charges, not easy to control. Tang Yi of Jiangxi University of Science and Technology says, funds for legal aid shall invest by the government primarily, fully develop the social operation, and actively expand the legal aid funds and social donations channels, establish public welfare fund[3]. These views are basically represents the current research situation for the legal aid fund security system.

Britain is the establishment of a legal aid system is the earliest country, basically all the funds provided by the government, but still can't satisfy the actual demand. Therefore, the British by two ways: one is the recipient to bear some of the costs, another way is to implement the judicial insurance system. Canada, Australia, Holland and other countries are requirements for legal aid cases parties share the costs. From these practices can be seen, for how to determine the legal aid fund budget scale, all countries have no mature experience.

In short, at present domestic and foreign practice is nothing but the parties sharing, social contributions, legal aid lawyers to pay, the establishment of Legal Aid Foundation etc.. But these methods are only supplementary legal aid budgets, and cannot solve the problem of insufficient budget funds. Therefore, this paper advocates of legal aid funds performance budgeting system.

At present, domestic and external performance budgeting has been mature experience, but how to implement performance budget but little research on the legal aid fund. Difficulties of this topic is not about the legal aid fund performance budgeting experience, combining with the practical needs of legal aid funds how to implement performance budget problems put forward new ideas, new methods. The author has long been engaged in the practice of legal aid, a deep understanding of the problems, many cases of more contact in the practice of referential significance

On why the budget always can't meet the need of the problem, Ma Caichen had to budget money demand and management situation made profound analysis[4], analyses the deep reasons which. America economist Joseph E Stiglitz will this called "X - low efficiency", and this paper discusses[5]. The analysis is consistent with the premise of this study, enrich the idea of this paper.

For the performance management of government budget, Sun Kejing had addressed the causes of government failure made a brilliant exposition, systematic analysis of how to strengthen the government budget performance management system construction, how to improve the relevant technology, how to perfect the relevant supporting measures.[6]Ma Guoxian government performance management and Chinese public budget reform has made a more detailed exposition[7]. The International Monetary Fund Performance expert Dai Mengde on how to establish the performance management system, design the specific steps[8]. These theories for the legal aid fund budget management aspects of the implementation of performance budgeting has greatly inspired.

The focus of this paper is how the performance budget this advanced management concept into the legal aid fund budget management, to solve the problem of how to determine the amount of funds for legal aid budget problems.

 

Arrangement views and structure of the third section of this paper

 

Lack of funds for legal aid, is a birth from this system have existed since the problem. Whether domestic or abroad, no one can completely solve the problem. In general, methods of legal aid agencies are seeking funds from the government. The government control funds need to many aspects, therefore, the number of different departments for strength will directly affect the funds for. This system will make a lot of waste of resources in game between departments use fund management and fund. The bigger question is, do it, can not fundamentally solve the problem, but this waste also year after year to continue. So, this paper advocates implementing performance budgeting of funds for legal aid. The specific method is, first to determine each case subsidy standard (of course, to determine the different standards according to the different nature of the case), then in accordance with the law for legal aid cases performance to grant allowance of case.

The main structure of the paper is organized as follows:

The first chapter is introduction, mainly introduces the background and significance of this topic, conducted a comprehensive survey of the relevant literature, illustrates the difficulties and innovations in this paper.

The second chapter based on the origin of the legal aid system and the development process of China's legal aid system, focus on analysis of the current lack of funds for legal aid status, causes and the influence to the legal aid work.

The third chapter mainly elaborates how to budget for legal aid fund management, solve the problem of insufficient funds for legal aid. Because of the emphasis of performance budgeting is the efficiency and effectiveness of the use of funds, so the design aid evaluation index considers not only the number for the use of capital cases, and emphasize the quality of case handling.

 

The fourth sectionThe difficulties and innovations in this paper

 

In practice, legal aid funds mainly come from two aspects: one is the central government for the provincial legal aid funds, allocated by the Legal Aid Center stage. On the other hand, is the local government at all levels to provide matching funds. The legal aid center are all located in the judicial administrative organs at various levels of local, organization, staffing, belong to the local bureau of justice. It is also because this compartmentalization, the government allocated funds for legal aid center is often associated with other funds (such as financial, legal advocacy people's mediators training funds, office expenses allocated by the Bureau of Justice) binding, in the Bureau of the uniform distribution of funds. According to this model, the Bureau of justice at all levels to each department in the allocation of funds is impossible to meet the need of legal aid, but to the overall situation of the work are taken into account, so that the work of balanced development. This requires the budget management of legal aid fund of.

The difficulty of this paper is that, on the legal aid fund budget management, have not find relevant research literature, have no experience to follow the mature at home and abroad. Fortunately, in the theory of government budget performance management has many advanced achievements for reference. Therefore, the innovation of this paper is, combine the actual requirement of legal aid work performance and funds, as with a budget basis, so that the number of legal aid budget funds become the steel digital, but also transparent digital, not after the game to win money, change the current funds legal aid budget problem, improve administrative efficiency, the legal aid funds play a greater role. This is the focus of this paper: performance budgeting management of legal aid funds.

 

 

 

 

The second chapter legal aid and lack of funds

 

The first section outlines the legal aid

 

Legal aid system is the country in order to guarantee the rights of civil law to be implemented in real life, the need to use legal means to defend the legal rights of their unlawful infringement, but because of financial difficulties and cannot afford legal service fees (such as the disabled, women, children, the elderly, mental retardation and etc.) if some special cases to provide free legal services, in order to safeguard the legitimate rights and interests can be realized, so that they can be equally like other citizens enjoy a legal system of the equal protection of the laws. This is the concrete embodiment of carrying out and perfecting the equality before the law. In a certain sense, the construction level and the implementation of the legal aid system of a country or region level, is one of the indicators of the degree of civilization of rule of law development. Legal aid is described in this paper is different from the legal aid. From the "Regulations" the spirit of the Legal Aid Ordinance, legal aid is only limited to the legal service, it is the main legal services, and legal assistance is right when the subject of right in the process to realize their obstacles or have been infringed, means and methods to take the subject of state power or the relevant administrative organs, organs according to law in order to protect or restore rights. It is the main function of the state organs at all levels. Legal aid is a national responsibility, is the legislature, the national administrative organ and judicial organ in the legal aid cause their duties, fulfill their duties, cooperate with each other, to guarantee the economic difficulties and need help citizens receive legal aid, in order to ensure their realization of the legitimate rights and interests[9]. Legal aid is a legal safeguard system, can guarantee the legitimate rights and interests of law gives every citizen to encourage, to achieve social fairness and justice[10]. So, not to be confused with the legal aid legal aid. The extension of legal aid than legal aid epitaxial small.

From the development of the situation, the legal aid evolution basically is divided into two stages. The first stage is the charity behavior stage. At this stage, the legal aid is usually considered a lawyer or other social organizations because of the occupation morals or in the public interest requirements, an act of charity by waive or reduce the agent cost and spontaneously to provide legal aid to the poor. Legal aid is positioned as a social responsibility. "The Universal Declaration of human rights" that "the value of equality before the law", "International Covenant on Civil and political rights" in the criminal accused person rights specified in terms of legal aid. The twenty-sixth article: "all people are equal before the law, equal protection and the right by law, without discrimination. In this regard, the law should prohibit any discrimination and guarantee that all people are equal and effective protection, lest by race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status of any reason based on discrimination". According to the article, countries should set equal protection of citizens the right to obtain legal aid, also promised to give effective protection. In this case, the lawyer's charity alone cannot achieve this goal. Therefore, the legal aid development in second stages, namely the stage of state responsibility. Countries through appropriate legal aid scheme, make everyone including the special group of poor and some other social, have fair access to judicial safeguards and remedies. Legal aid is considered to be the responsibility of the government[11].

In 1992 May, Wuhan University established "cprdc" is the beginning of the legal aid system in china. In early 1994, China first established by the government of the legal aid institutions -- "Guangzhou Legal Aid Center" was established, marking the China began to explore the implementation of the legal aid system. The legal aid system in China's judicial system. In early 1994, the Ministry of justice China publicly for the first time proposed the establishment of Chinese legal aid system, and one after another in Beijing, Shanghai, Guangzhou, Qingdao city started the legal aid system of the pilot. In 1996 January, the Ministry of justice on the leadership in the judicial department (bureau) long meeting once again proposed a Chinese characteristics of legal aid system as the focus of the 1996 national judicial administrative work. In March the same year, the Justice Department approved the establishment of the national legal aid center preparatory group, the rapid development of pilot work to promote the national legal aid. In 1996 March promulgated the "Criminal Procedure Law" and in May the same year promulgated the "Lawyers Law", the official regulations about the content of legal aid. In June of the same year, the Ministry of Justice issued a "notice" on the rapid establishment of legal aid institutions to carry out the legal aid work, and then proceed to organize relevant personnel to establish "Legal Aid Ordinance (Draft)", to sum up, to standardize the has carried out the legal aid work. In 1997 April, the Ministry of justice and the Supreme People's Court issued "notice about carrying out of criminal legal aid.". In May 2nd the same year Chinese Legal Aid Foundation of Legal Aid Center was established and the Ministry of justice ceremony held in the Great Hall of the people. In the same month the Ministry of Justice issued a "notice" on the legal aid work in November, and issued the "notice on legal aid in Notary Services". In 2003 the "Legal Aid Ordinance" indicates that China's legal aid system to mature. In August 11, 2008, the all China Federation of trade unions issued the "legal assistance measures". Specifically set up for staff and workers and trade union organization of the legal aid system, became an important part of the legal aid system. These normative documents issued, greatly promoted the "Criminal Procedure Law" and "law" in the legal aid work, carry out carry out. At the beginning of 1999, the legal aid center of the Ministry of justice drafted the "legal aid law (Draft)", is a reference for legislation and drive around the legal aid work. In March the same year, the two session of the nine national people's Congress, some deputies put forward a motion, for "the people's Republic of China Legal Aid Law", the Ministry of justice to reply: it has been officially included in the five years planning administrative legal justice, and will actively with the legislative Affairs Office of the State Council and the NPC Law Committee consultations for early settlement, legislation of legal aid.

Although China's legal aid system, the development of a breakthrough, but objectively speaking, the legal aid system understanding and actual position there is a considerable gap. First, the legal aid system in many countries has been written into the constitution, make special laws. In China, although related to the legal aid system of criminal procedure law, the content of lawyers, but so far there is no national legislature concerning legal aid legislation, administrative regulations only as "Legal Aid Ordinance". Second, the purpose of this set of regulations "will be the first Legal Aid Ordinance" as "in order to protect the citizens with economic difficulties to obtain necessary legal services, promoting and regulating the legal aid work", does not reflect the legal aid system to maintain social fairness and justice, respect and guarantee human rights, the special mission of the meaning, making it easier to see and the social welfare system of legal aid system linked to look at. Thirdly, there are many people including some national staff and leadership cadres that legal aid system is not essential, to inadequate attention, inadequate support[12]. From the legislative practice at home and abroad, the legislation of legal aid to make the poor share more in the direction of the development of social progress[13]. To fully understand this concept, at least should grasp the following content: first, legal aid is a national responsibility, secondly, legal aid is also a lawyer, third, legal aid is a legal means of support, a support fourth, legal aid is a legal system[14]. Some people will be in the scope of legal aid lawyer agency limited. In fact, people met in the legal aspects of the problem is not confined to the lawyer agency services, it shall also include the legal consultation, legal documents, the non litigation affairs, legalization etc..

Since the implementation of China's legal aid system, has made great achievements. Statistical data shows: the Ministry of justice by the end of 2008, the country had built the legal aid institutions a total of 3268, the national funds business into the fiscal budget institution staff number is 2874, the legal aid institutions a total of 12778 people, a total of 2008 approved to handle the legal aid case number 546859, than in 2007 increased by 30.2% (420104). Has closed a number 466921, than in 2007 increased by 36% (343434). In 2008 all the recipients for a total of 670821 people, according to the recipient identity division, farmers and migrant workers in the passengers were respectively 215395 and 243671 people, migrant workers in 2007 compared with an increase of 56.9% times.[15]The table below reflects the current status of our country legal aid work in a certain extent.

Table 2.1All kinds of legal aid cases in 2008 year-on-year growth of table

Category	Total number of recipients	Migrant workers	Disabled person	Minors	Aged
The number of (people)	The 546859 part	243671	50075	98053	69556
Growth rate	36%	56.9%	24.1%	11.6%	20.9%

 

Section second legal aid budget funds

 

Whether from domestic or abroad situation, generally face a common problem: the lack of funds for legal aid. The economy is relatively backward countries and regions invest less in the, the more economically developed countries and regions in this aspect is relatively some more, but can fully meet the needs of less. Whether domestic or foreign, whether local or central, one to the financial sector for funding problems are basically. The method for funding, all are not the same, do not have a unified, effective mode. Today, no one can guarantee to meet the actual needs of the fund appropriation mechanism.

The present financial system in our country is grading burden, focal points to eat. For the economically developed provinces, the legal aid of financial security is far better than central and Western provinces. In accordance with the provisions of "Legal Aid Ordinance", for the legal aid object standards are economic difficulties. In practice, usually, more is less developed areas, the demand for legal aid more; the more underdeveloped areas, the legal aid fund supply of more small, the lack of funding is more apparent. The balance of funds of China's aid in 2008 as an example to analyze the contradictory of supply and demand.[16]

 

One, the legal aid funds income

(a) the overall situation of the legal aid funds income

In 2008 the total national legal aid fund income is 682498600 yuan, than in 2007 increased by 28.2% (532317900 yuan). Per capita legal aid funding for 0.51 yuan, the highest for Qinghai province to province, (1.53 yuan), followed by Shanghai (1.38 yuan), Chongqing (1.20 yuan) and Beijing (1.04 yuan). The source of the legal aid funds are shown in the table below:

Table 2.2List the overall situation of the legal aid funds income

Sources of funds	Number (million)	Than the 2007 growth rate	The total money income ratio
The fiscal appropriation	66947.58	27.8%	98.1%
Social donation income	748.11	130%	0.01%
Industry contribution income	121.38		0.002%
Other income	432.79		0.006%
Total	68249.86	28.2%

It can be seen from the table, the legal aid funds are still mainly rely on government funding, some scholars put forward in this paper literature review part of the and public donations, lottery, the establishment of fund scheme can obtain funds not dominant, therefore, this paper argues that the budget funds shall be as the focus of the study. To solve the allocation of budgetary funds is equal to basically solve the supply problem of legal aid funds.

 

(two) the legal aid funding situation

Legal aid in funding, the financial amount is 557590800 yuan, accounting for 83.3%; the central subsidies to local legal aid case funds for 60500000 yuan , accounted for 9%; the provincial legal aid funds 51385000 yuan, accounting for 7.7%. The central and provincial legal aid fund essentially flat with 2007, the financial appropriation than in 2007 (411754000 yuan) growth of 35.4%, is the main factor of the legal aid funds growth in 2008. The total business funds at all levels of finance is 354730400 yuan, of which the finance expenses for 242845400 yuan, the provincial fiscal transfer payment and the financial business funds transfer payments from the central government, the ratio of 17:15:68. From this ratio can be seen, most of the funds of legal aid is provided by the local government, the local government to assume more obligations.

In the appropriation of the funds, personnel, basic public and operational expenses were 242410400 yuan, 72335000 yuan and 242845400 yuan, compared with 2007 growth of 35%, respectively, the total funding level 43.5%, 13% and 43.5%, the funding structure remains unchanged, the proportion of slightly reduced operational funds. Province, city, county average the financial appropriation amount shown in the table below:

Table 2.3Province, city, county average the financial appropriation list

Level	Mean the financial appropriation amount (yuan)	The average business expense disbursement (million)	Per capita personnel expenses amount (yuan)	Per capita basic public funding (yuan)
Province	186.80	107.82	43481	30492
The city	40.91	18.53	28176	9659
District and county	12.80	4.85	16194	3954

Compared with 2007, increase the financial departments at all levels to the legal aid institutions funding amount significantly, especially at funding increased by nearly 50% in 2007, the business funding increased by 35%. The numbers at the same time, the absolute numbers of grassroots legal aid agencies can get relatively low, can not meet the actual needs.

 

Two, the legal aid funds expenditure

(a) the basic expenditure

In 2008, a total of legal aid expenditure for 613837600 yuan, than in 2007 (483186000 yuan) growth of 27%, an increase of 2.2 percentage points lower than the budget income. Compared with 2007, the proportion of funds increased slightly, the basic public and operational expenses the proportion decreased slightly. Personnel expenses than in 2007 (182494700 yuan) growth of 33.5%, higher than the number of personnel growth by 31.4 percentage points, showed that treatment legal aid agency staff to further improve. All expenditure distribution shown in the table below:

Table 2.4List of all kinds of fund distribution

Expenditure categories	Number (million)	The proportion of the total expenditure in
Personnel expenses	24368.22	39.7%,
Basic public funds	7378.72	12%
Business funds	29636.81	48.3%

   Can be found from this list, the legal aid funds for handling business funding needs to increase. Only adds to the case handling personnel treatment, to improve the quality of handling cases.

 

(two) expenditure business funds

Business expenditure than in 2007 (239196400 yuan) growth 23 .9%. The subsidies and spending up to 210742400 yuan, accounting for 71.1% of business expenditure, the proportion increased by 1.5 percentage points, than in 2007 increased by 26.7% (166383300 yuan). Propaganda and training expenses expenses were 27515400 yuan and 21134700 yuan, respectively, 9.3% and 7.1% business expenditure. Other expenses 36975600 yuan, accounting for 12.5% of business expenditure. business costs in the proportion of all kinds of costs are reasonable, the subsidy accounts for the increase, only relative instructions at all costs in the amount of increase, not the absolute numbers are.

 

(three) the subsidies and expenditure

The subsidies and spending accounted for the entire legal aid expenditure 34.3%. The subsidies and spending increase of 26.7%. The table below shows all kinds of personnel handling subsidies.

Table 2.5All personnel handling subsidies table

Staff categories	The amount of subsidy	Total amount of the subsidy and the proportion of expenditure	The average case subsidy (yuan)	An increase or decrease of
Full-time legal aid agency	49177100 yuan	23.3%	355	Reduction
Social law	102625900 yuan	48.7%	632	Increasing
Grassroots legal service workers	53575600 yuan	25.4%	356	Reduction
The social organizations	2045500 yuan	1%	217	Reduction
Registered legal aid volunteers	3318400 yuan	1.6%	561	Increasing

 

Compared with 2007, the social lawyers and legal aid volunteers received the subsidy amount increases, and the staff, the legal aid institutions grassroots legal service workers and social organization personnel subsidy reduction. In criminal cases, civil cases, the amount of subsidies subsidies and administrative cases subsidy amount is 66347200 yuan respectively, 136931200 yuan and 2233000 yuan, on the assumption that has case all payment subsidies, subsidies to calculate average of all kinds of cases: 620 yuan for criminal cases, civil cases is 384 yuan, 624 yuan of administrative case, and in 2007 compared with the decreased, especially the administrative case average subsidy amount decreased by 31.4%. In 2008, legal aid staff to provide consulting service subsidies for 3540000 yuan, grow 32.1% than 2007; providing scrivener service subsidies for 1690900 yuan, up 20.7%.

Through the above data analysis can be seen all over the country, at all levels, for the legal aid fund supply are different. In general there are one by one by two phenomena. Growth refers to the financial department allocated funds for legal aid has increased the number of amplitude, or in some places is greatly increased. Reduction refers to the undertaking lawyer issued for handling subsidies have varying degrees of decline. It accurately find the reason for the subsidies are reduced by Table 2.1 and table 2.2 analysis: the need for legal aid cases growth rate higher than the growth rate of legal aid funds, in order to make every assistance cases have a lawyer to handle, the only solution is to reduce to do lawyer issued the amount of subsidy. Generally speaking, legal aid funds apportioned to each case is less and less. This situation if not changed, will actively greatly hurt the case handling personnel, development is restricted by the legal aid work.

 

The third section       Analysis of the impact of insufficient funds for legal aid

 

Legal aid funds problems arise mainly the special fund for legal aid and the actual demand can be obtained in the legal aid institutions are too big, cause to the lawyer issued the subsidy is too low, which dampened the enthusiasm of a lawyer to handle the legal aid case, affecting the quality of handling cases, can not achieve the legal aid, safeguard the legitimate rights and interests of the social vulnerable groups. Objective. In this way, the legal aid system will cease to exist except in name. When the social vulnerable groups rights cannot obtain the reasonable maintenance, the goal of constructing socialist harmonious society is difficult to achieve.

To achieve the "aid as aid", working enthusiasm is a problem faced is how to mobilize the legal aid cases lawyers. Wanting to arouse the enthusiasm of a lawyer to handle the legal aid case, a problem to be solved is to raise the subsidy standards. Because of the lack of legal aid funds, and legal aid of the case to handle, so in general to take over the way is to reduce the subsidy standard. With the exception of a few economy developed area, the county fiscal year appropriations general more than 2-5 million yuan, the less 1000-2000 yuan, or even no appropriation. At present, there are 18.5% national county (District) level of government is not the legal aid funds into the financial budget. Some developed counties (districts) with the rapid growth of the number of cases, and generally feel that the shortage of funds, only by reducing the subsidies to balance. Such as Jiangsu Nanjing Gulou District last year (2008) the subsidy to 800-1000 yuan / piece, this year only to pay 500-600 yuan / piece. Cases do more, less subsidies, resulting in the legal aid institution than the tendency[17]. Urumqi City lawyers undertake an aid case handling fee is only 200 yuan[18]. The author is located in Xinxiang city of the subsidy standard is 300 yuan each, and the Planning Committee of Henan province and Henan Provincial Department of justice in 2002 issued a "notice on regulating the our province" lawyers service fees and standards, provides lawyers fees (see table 2.6), much higher than the standards of subsidies. In Holland, a lawyer to handle the legal aid case is usually calculated according to 76 euros per hour, but if the results of the evaluation effect is good, can reach 83 euros per hour[19]. Through the comparison, we can see very clearly, legal aid of the case to what degree low subsidies.

Table 2.6Henan province lawyer charges table

                                        Unit: RMB

Legal advice	100-500
Drafting legal documents	200
In handling criminal cases	The investigation stage	500-1500
The prosecution stage	500-2000
The trial stage	1000-4000
Agent of administrative cases	Not involving property	1000
Involving property relationship	According to the standard of civil cases
Handling non litigation legal affairs	Not involving property	1000-3000
Involving property relationship	According to the standard of civil cases
Civil case	Not involving property	1000-3000
Involving property relationship	100000 yuan of the following 3%. The excess, appropriate to reduce the proportion of

Due to the low subsidies, therefore, some lawyers will simplify the procedures, reduce expenditure. The marking of not scoring, the investigation not to survey. Related to the investigation of non evidence can not be more loyal to their duties, the lawyer had to pay out of pocket, less responsible lawyer would not go to survey. This is to reduce the subsidy standard way though done for each help masses provides legal services, but in essence is a sacrifice of lawyers interests to achieve national responsibility. This is in fact the government will aid behavior into helping behavior individual lawyers, the national take aid costs become funded lawyer personal behavior[20]. Ideological consciousness is relatively high and usually higher income law still can bear, an entry-level lawyer or lower income law to bear the responsibility, so the enthusiasm is not high, the quality of service of course will be greatly reduced.

In addition to the above reasons, the lawyer will when undertaking legal aid of the case to pay a high opportunity cost. The lawyer lost undertaking other paid case opportunity when undertaking legal aid of the case. Assume that lawyers are now paid from the case can charge 5000 yuan of money, the opportunity cost is 5000 yuan, far higher than the legal aid lawyers handling cases of subsidies. As a rational economic person's lawyer weigh the benefits under the inevitably heart unwilling to undertake legal aid cases, this is social lawyers for legal aid cases lack important reasons of enthusiasm.[21]Both the theoretical or practical work departments, as to how to solve this problem, still do not have a mature approach. Now, all over the country from top to bottom, common practice is to actively cooperate with local government, for the legal aid funds included in the budget, has been included in the budget request. But, can be included in the fiscal budget, how much can increase the budget, see coordination around the judicial administrative department and the Finance Department of the local government. Strong coordination ability place, likely to win money more; poor coordination of local, likely to win money will be less, even not for money. Therefore, in order to ensure the implementation of the legal aid system, must change the present legal aid fund budget model.

 

The fourth section         Analysis of the causes of insufficient funds for legal aid

 

This paper introduces the two stages of the development of legal aid in the first section of the second chapter, namely the charity behavior stage and state responsibility. At present, the legal aid in our country has developed to the stage of state responsibility, therefore, China's "Legal Aid Ordinance" will be the responsibility in legal aid set for all levels of government responsibility. Since the legal aid is the responsibility of the government, the government should be one's unshirkable responsibility to allocate the necessary funds, why the funds required for the insufficient supply and depends on game theory to solve the problem? This is related with the country's budget system. This section tries to makes a brief analysis of the problem.

 

One, the government limited financial resources is an important reason for lack of funds for legal aid

China is a developing country, economic development is very uneven, the financial position of the government in the central and western regions, the western region is not optimistic, many county finance also belongs to "eat finance". Because of the local government financial resources is limited, can only maintain the staff wages and the most basic infrastructure construction, social development funds and social security funds is difficult to be satisfied. The reform of the salary system for civil servants has been more than three years, and the national civil service pay the county only appropriated by the state, local matching of wages has not fulfilled. Other financial full for staff wages also not in accordance with the standards prescribed by the state and full payment. In this financial situation, is not only a legal aid funds cannot meet the needs, many other aspects of the work because of financial constraints can not be carried out or not to carry out a comprehensive. This financial situation caused by the legal aid fund to work harder. So, developing the local economy is the fundamental way to solve the shortage of funds for legal aid.

 

Two, "economic person" phenomenon is caused by the problem of a reason

The demand and supply side of budget funds are characterized with "economic man". The budget of the demand side in the provision of public goods and services to the society at the same time, as the exchange, will receive funding from the government budget. Although under normal circumstance of market economy, the budget is generally limited, a competitive trade-off exists between interest groups, but if there is no reasonable constraints, users of funds will continue to pursue the maximization of the budget scale. Because of budget users hold the relative advantages of information resources, often also can realize the continued expansion of the scale of budget. Bridge the government budget department as the budget funds and legislative supervision mechanism, the information is less than the use of funds sector, more than the legislative supervision department. This makes the change of role is very delicate. On the one hand, as compared with the fund use department does not account for the information superiority, has a tendency to cut the budget scale, on the other hand, because of its relative to the legislative supervision departments also have the information advantage, and with the fund user collusion, through rent and rent-seeking behavior tendency, expanding the total size of the government budget.

 

(a) budget values used Department

Department budget is some has its own interest group, its goal is to maximize their own interests to obtain group, government budget funds through various ways. Despite the different way to obtain the budget funds, but they have one thing in common, namely, all need through group action to influence the allocation of funds the government budget to be achieved. The demand for funds to be in exchange for budget conditions is to provide public products and services to the society in a certain number of. Whether the public sector or the private sector of the economy, the main means to evaluate its outputs are cost - benefit analysis method. But the cost - benefit analysis in the demand for funds to provide the public goods, often there is a considerable degree of fuzziness. This ambiguity is mainly due to the input and output not many public products direct to the market price to be measured. There are three reasons: one is the most budget users not through the market competitive mechanism to sell its provision of public goods and services, many of the public product related project market price does not exist (such as social security, children's overall health status), the two is the existence of market failure, many market prices are also difficult to reflect the true social marginal cost and marginal social benefit, three is because in the process of government budget deal, both sides of supply and demand in a bilateral monopoly capital, on the demand side, often a public product by only one or a few departments to provide for the use of funds, the Department cover up the real marginal cost of public products with the marginal benefit may be provided. In the budget the transaction process, budget money demand in the name of always according to their needs to provide the public product cost in exchange for the corresponding budget funds. But the cost - benefit fuzzy comparison makes the demand for funds to provide the actual cost of public goods and the pursuit of their own interests and between transaction cost in collective action is difficult to make a clear definition. The transaction cost of a few leaders who need funds can use the fuzziness of the transactions in the process of the pursuit of interest group interests and spending hidden into group provides the overall cost of public products, rather than by the interest group's own pay their game behavior cost. Moreover, in the modern mixed economy, public products and service budget funds demand have provided is to meet the characteristics of social public needs. The economic function of the government in some extent can make up the deficiency of market economy, the effective supply of public products and service is the objective requirement of improving the welfare of the whole nation. Thus in the real budget activities, the demand for funds often do not need to directly show the actual motivation of pursuing profit maximization, but with social justice and public interests as the legitimacy foundation of the budget funds. Realization of public welfare is always the good wishes of the people and the pursuit of. In the face of this social justice banner, due to the existence of asymmetric information, the government budget is also difficult to clear the demand for funds provided by the true cost and profit of products, in addition to the lack of competitive organization as compared to other, often also can meet the demand for funds.

 

(two) the value orientation of the budget department

Interest groups, government budget is a kind of value orientation, to maximize the pursuit of the interests of this sector of the same. In reality, the government budget departments often also face the dual goals of their own interests and social public interests. When conflict Department preferences and social goals, if the budget departments have the independent decision-making more space, or their own preference is possible in the name of social preferences, government budget departments are paying more attention to their target.

A local budget scale is limited, especially in economically underdeveloped areas. In this case, the budget departments tend to get the budget funds discretionary rationing of structural power between the user and the governments at all levels, thereby not only in the budget amount reflects the importance of the Department, but also from the budget to the structure of the fund user influence, and for the budget sector "flexible" adjust to provide more power space. Discretion in structural ration of such funds government budget have is with the principle of budget management changes and evolution from classical to modern and gradually established. Since the 1930's, along with the Keynes doctrine prevailed, in the budget management, the more emphasis on administrative agencies to government budget as the representative of the initiative in the budget management. This initiative is that government agencies have free choice of space for expenditure project has been approved by legislation, and on budget implementation more responsible for the. With the evolution of classical budget principle to modern budget principle, as the government budget funds supply side gradually from simple to be the object of supervision, change for the stakeholders have more budget ration of discretion. The supply side in the capital of discretion in structural rationing are mainly embodied in two aspects. From the horizontal perspective, the government budget is not only to determine the involvement of all budget users budget scale, structural arrangement further intervention departments of its own budget. The budget departments have discretion to the department budget expenditure structure configuration through expenditure quota and alternative project scheduling and other control measures. Although this approach can indeed to some extent by the standard quota, performance evaluation, inhibition of various departments to budget a waste of money, but in accordance with the basic principles of information distribution, budget users for the capital structural configuration information is far superior to the budget department. As the demand side of the capital users concern only capital rationing may belong to their relative share. Analysis of the users for their exclusive areas within the budget ration cost - benefit, as a kind of proprietary information is usually not disclosed, and because of the professional division of the limitations, the government budget sector specific public expenditure for the fund of the users in the field are often poorly understood. So the capital structural configuration of a transfer of power to the budget sector is often low efficiency. From the longitudinal view, according to the tradition of centralization of political philosophy, the financial sector the government more inclined to budget cuts to lower levels of government authority, then by way of transfer payments to return to the lower levels, the importance of higher-level departments.

 

Three, power rent-seeking increased the difficulty of solving the problem

There are supply budget rent-seeking behavior. The supply of funds in the budget process as a kind of government regulation of social economic activity means at the same time, also reflects the interaction process of budget users compete for limited budgetary resources. In the process of competition, the information distribution of government budget stakeholders are asymmetric, which induced some form of government budget management activities of the "Rent-seeking" and "rent seeking" behavior is possible. The proper definition of the budget management in the "rent" value, operating mechanism and characteristic analysis of budget management of rent seeking activities, inhibition of rent-seeking behavior choice different mechanism design and system arrangement of public budget, improve the efficiency of resource allocation, but also has a very important significance.

Because the government budget funds in the supply and demand is not fully competitive market conditions, supply and demand both sides in a monopoly position, therefore, in the process of government budget, the government often rely on a particular user of capital to provide public products and services established, and these institutions besides the budget funds, often no other alternative financing source. The characteristics of this relationship is "bilateral monopoly", embodied in three aspects: one is the budget users has more information advantage in the use of funds. Users of funds may with its information advantage, and the public output services in the vast number of public justice sexy called force, through a variety of lobbying and rent-seeking activities to put pressure on the government budget department, artificially expand its budget fund demand. The two is the scarcity of public funds the government budget has capital rationing power. This power advantage to become the focus of the use of funds for the power sector, to rent culture fertile soil. Three is the government budget has capital rationing discretion on information superiority, can use capital rationing power to influence funding user behavior, so by changing the budget capital rationing rules and results, artificially create distribution structure of excess budget ration, and in this "rent" behavior inducing budget users start rent seeking activities of a new round in the rent distribution pattern under the new. In the price of the standard internal market environment and ambiguity of the bilateral monopoly price higher than the possibility of real marginal cost leads to the cost and profit of supply and demand the government budget deal activity is often difficult to accurately measure. The special market environment, which makes the demand for funds become possible to achieve budget scale desire, also for the capital supply side in the ` maximize their own profits provides establishes the rent-seeking space allocation process limits the government budget resources in.

 

The development of the four, the budget of technology makes the game more intense

In the new public management movement began in the second half of the twentieth Century, economics, political science, management science, statistics, administrative science and other multi-disciplinary approach and technology integration application in the budget management of the government, the complex trend of government budget management mode and means to further deepen. Accordingly, the government budget in the method and technology of budget management is constantly changing, the overall trend is the tendency of management means more and more complex. Early itemized budget mode to control as the main management objectives, the main management methods applied are just the usual accounting and planning and general tool. With the development of management and economics and management of the government budget, tendency to the efficiency and effect of attention is increasingly obvious. The government budget gradually adopted the goal management, decision theory, system theory, control theory and mathematics, economics and the game theory and a series of more complex management methods and means. Especially the development of modern double budget system capital budget, and the traditional budget management mode has many differences, which makes the budget management tool and the method presents some unavoidable complexity. The government budget will be gradually by the balance of payments is relatively simple and straightforward, into the professional literature only professionals can understand.

The budget management of our country in addition to the general government budget management in market economy countries, some special factors in social transformation period and the non normative practices, more complicated management mode and means of the government budget China showing its own characteristics, not only the majority of the public is difficult to understand, and even some professional institutions professionals they don't know.

In the budgeting process, the competition between different budget users are generally consistent with the description of rent-seeking economics theory. In the budget scale under certain conditions, the competition between the interests of the users of funds means against each other is varied: either by representing the interests of this sector group to the capital supply pressure, may also the capital supplier lobbying by various means, may also use their information advantage artificially expanded the public output cost etc.. Because of the budget scale established, social public products and services is certain, and the rent-seeking activities that require the cost, demand side competition between each other is not a costless behavior, because in the game will be a lot of social waste of resources in the process of trade competition with each other, the final result is only the social total loss of resources. If there is no corresponding mechanism design change departments game interests in unfavorable situation, the waste of social resources will be used as the social phenomenon and exist for a long time.

Through the above analysis can be found, the game is the emergence of the budget process, both the Department conflict of interest, there are reasons for rent-seeking, reason and budgetary decisions too concentrated. But the most important reason is the information opaque. Opaque information provided in soil for two reasons. Therefore, changing the budget management mode -- at least in the conditions are ripe for change -- the budget management model has become the inevitable trend.

 

 

The third chapterLegal aid fund and performance budget management

 

The first sectionThe meaning and characteristics of performance budget

 

The traditional budget management is the external control mode, namely through the laws and regulations on the budget unit of expenditure management, the implementation of the budget audit and supervision by the legislative bodies and the central department budget management. But, because the management focus on inputs, the input for the detailed provisions, restrictions and supervision, budget unit managers can only act in accordance with the provisions of the disbursement of funds use, scale, not to make any changes, so this kind of management mode that managers can only too observant of conventional standards., killing the management creativity. External control while ignoring long-term planning in the budget management and business management, the use of funds unit managers do not bear any risk, and the time and energy on how to bypass the control efficiency of above, the use of public funds necessary to discount. Because of the external management emphasize investment management, ignoring the output and the output influence on management, and serious damage to the public expenditure effect. In addition, in the implementation of the budget and budget execution mechanism of external control mechanism of the information asymmetry, control and external control mechanism of the independence and professional skills and other factors, only the external control is not enough to guarantee the effectiveness of budget execution. Therefore, many countries in the external control development quite perfect, to focus on internal control (see Figure 3.1).

Internal control according to the occupation ethics and rules and shared use value control of budget funds, autonomy given funds managers more. Focus on the internal control system of traditional is in accordance with the budget plan, control method is the organization and rules, the purpose is through detailed input control that does not change the content of budget execution. In the realization of the control targets at the same time, the traditional internal control system there are still some problems about efficiency: one is the detailed control to spend a lot of time and resources, the management control system operation cost is too high. The two budget is stiff, managers are not flexible enough to make the necessary adjustments to the budget. Three is the internal control focus on public funds to pay, ignores the fund use effect. These three aspects of the problem reflected in the budget expenditure simultaneously exist in the traditional internal control system, the results are often unsatisfactory. Theoretically, the basic concept of design content and method of this stage budget control reflects the traditional administration pays attention to the adjustment of the organizational structure and rules to improve administrative efficiency.

It is precisely because of these concerns, along with the new public management movement is generally carried out in twentieth Century eighty major western countries, budget control system has developed to a new stage: output, outcome control, namely the external control in that process and the rules of traditional, within the system, the new increase output and outcome control the content, focus and make budget control system gradually to the output and the transfer of control. Think this kind of budget model, output is not the ultimate goal of budget funds allocation, budget allocation should be results oriented. Because this kind of budget model will shift the focus to the budget rather than the output, so, it is called the budget or new performance budget. In the new public management theory, the traditional administration focus on "administrative efficiency" is gradually replaced by "public performance". People generally think that, in order to "competition", "decentralization", "results oriented" and "performance management" as the characteristics of the new public theory, can effectively solve the low efficiency problem existing in the traditional public management, innovation and theory of the direct impact on the formation of the government budget management, leading to a series of results oriented budget control system reform.

 

 

 

 

 

 

 

 

 

 

 

 

 

Budget control system

External control

Internal control

The traditional internal control

The output control

Audit, financial department, media

Budget Department

In the implementation of the budget management

Investment

Investment

Output, results and operating costs

The rules for

The rules for

On output, the result is responsible for

Figure 3.1The types and development budget control system

Control subjects

Control object

Responsibility

Performance budget originated in the America. It contains several items from the thinking mode of traditional budget itemized changes: (1) the budget information according to the activity, not just a single project to organize. (2) should be on the activities of metrics to determine its cost, and to evaluate the efficiency in these activities. (3) shall be the actual cost and the implementation of every government agency with the planned level of contrast, performance management. (4) despite the performance indicators are generally not the government's "final product", but from the ideal situation, should connect these activities and the beneficial result or output.

The core of performance budget shall be the performance index and the results really coordinated, the index has become the focus of attention of the government, and the traditional mode will reward poor performance of public management. The traditional budget model attempts to government institutions directly output budgeting, and the output is not the real reason the government exists. For example, the public health department for the vaccination program implementation of prevention of pediatric diseases, not to improve the inoculation rate of vaccine, procurement of children, but in order to reduce the prevalence of children, the agency activity is the goal of the children's health, quantity not participating children. Design of traditional budget indicators which are insufficient. In order to overcome the problem of traditional budget, performance budget will emerge as the times require.

Government performance budgeting is a kind of innovation of government budget method. This budget will government budget based on performance based on the measurable, distribution and the government budget resource performance link, emphasizing results and efficiency, the purpose is to improve the effectiveness of fiscal expenditure. The government budget is the government from the input to change the. America federal government began in twentieth Century 50's using, in twentieth Century 90, the western countries to implement performance budget in the budget management, the implementation of performance budgeting becomes the trend of the development of government budget reform. Report of the Seventeenth Party Congress referred to "deepen reform of the budget system, tighten budgetary management and supervision", this also shows the importance of improving our government budget level and urgency[22]. In the past due to budget does not consider the performance, often where the problem is more serious, increased budget allocations. In this mechanism, the government departments have difficulty as for a supply of sth. "game" chip, expand their own difficulties, who is not willing to spend less and get things done. Strengthen the information disclosure, transparency, performance budgeting is to improve people's enthusiasm and initiative, make the evaluation results more objective. In order to improve the public's right to know, to achieve open, forming a "fishbowl effect", namely the government and public sector activities like fish in the goldfish is the same moment under the supervision of the people, reduce waste, and. Public participation through questionnaire surveys, opinion polls, online survey, reflect the media, seminars, public hearings, voting and other methods, to achieve public participation in the supervision and evaluation of right. Through citizen participation, to ensure that people's personal and collective interests has been the attention of government officials, the government knows what is the public most want, is to get in the future, and to improve public services, better service to the public[23].

The performance management of government budget is helpful to overcome "government failure", lies in the scientific budget management can play a positive role in at least three kinds: one is to provide the fullest possible, reliable information for the government fiscal activities, the two is to determine the behavior of frame for the government fiscal activities, three is to exert important influence government trading activities of financial activities in ensuring the effective implementation of public policy. As James Buchanan in emphasizing the importance of the reform of the budget system that "all the significance of the system research is to ensure that the importance of various constraints, system and mechanism can reduce the political behavior of selfish".

Our reform of government budget performance management in line with the objective reality, transparency, participation, incremental reform principles, diversification, prospective, the department budget as the main body and the starting point, to project expenditure reform focus, attention to output and the department budget expenditure, basic reform ideas in a clear premise above, establish since the reform of government budget performance management framework in china.

Starting from the problem, performance management from the angle of need is successful, because once you define the problem or demand, they are very easy to solve the problem of strategy, in the final realization of the goal to reach agreement. Performance management goals and people's interests are closely related, there is interest and motivation to solve the problem, to meet the demand for raising money and hard work, so as to ensure the ongoing performance management.

 

The second sectionPerformance budget is an effective way to solve the shortage of funds for legal aid

 

The amount of demand quantity and funds for legal aid cases in different places and different time are not a constant, so every year by many special fund for legal aid is a very difficult problem to determine. In the current budget mode, a place to get legal aid funds, the key to see the game the judicial administrative organ and the local budget management results. Statistical data from the listed above can be seen, the legal aid work in the budget and other budget funds the Department had the same problem, the shortage of funds restrict the development of the cause of legal aid. Because the information is not open, opaque, budget management departments do not know the specific demand of legal aid funds to local, also don't know every year allocated to the judicial administrative organs of the money how many use the legal aid work. In this under the condition of information dissymmetry, budget problems about legal aid fund will never solve the day.

In twentieth Century 70 at the end of the 1960s, a new budget model first appeared in the UK, Canada, Australia and other countries. Think this kind of budget model, output is not the ultimate goal of budget funds allocation, budget allocation should be results oriented. Because this kind of budget model will shift the focus to the budget rather than the output, so, it is called the budget or new performance budget. The fundamental purpose of the new performance budget reform is to improve public expenditure "value of money", namely, by re constructing public budgeting and finance management system allows taxpayers to pay to the government revenue to be able to create the biggest monetary value in use. Performance budget is focused on the measurement of output, the need to pay the high cost of measurement. For the public sector, investment is relatively easy to measure, measure the output is more difficult, in many cases, the bureaucracy even in the absence of identifiable output. Because of the high cost of measurement, the traditional budget to pay more attention to the output in the number of the efficiency and the number of completed work, while ignoring the measurement of output quality. Budgeting system American launched in the 1960's plan project, namely planing-programing-budgeting system (PPBS) is proposed to solve this problem and produce.

 The focus of PPBs is the budget, that a certain amount of financial capital expenditures to what kind of results. Input and output is no longer the focus of budget should pay attention to, and one output is suitable for social need is a decision on whether to provide the corresponding key financial funds for the output. Therefore, this kind of budget model require government agencies to first clearly state it can measure the service goal. PPBs consists of three main steps, that is target plan, project construction and budget. The target program budget decision makers must make strategic plan and set goals, in this premise, alternative way of thinking about the various possible target, and select the best one. Project construction budget makers will strategic plan is decomposed into more short-term goals, and objectives into specific projects and sub projects. Budget stage requires budget makers decided to each project what resources are required and the resources when needed, thus make a budget.

Performance budget is not only a new budget method, and it is a revolution of government management concept. Performance budget into government budget based on performance based measurable, that is "results oriented", or say that is the responsibility and efficiency, enhance the budget resource allocation and government department performance relationship. Tube

Management objectives

The implementation of management

Evaluation and information feedback

The three part of Fig. 3.2 target management

The process and results are very important (Figure 3.2). The traditional management ignores target, pay attention to process management. Performance budget is a results oriented, help to improve the effectiveness of fiscal expenditure. For a government department, quality and cost of public service of government concern, help to promote the government decision-making process standardization and democratization; establish performance goals, implementation and performance evaluation results of performance evaluation of public, help to strengthen the government responsibility; performance budget given departments more budget the executive power, help to improve the effectiveness of financial capital.

Performance budget to establish a set of public activities reflect the government performance index system, evaluation standard and measurement methods. In the measure of the fiscal expenditure performance, it is necessary to consider the expenditure of social and economic benefits, also want to consider the short-term effect and long-term effect of expenditure, direct effect and indirect effect. Therefore, must establish the qualitative and quantitative indicators, unity and professional index combining multi-level performance evaluation system, and to the effective sample number as the basis, calculate the evaluation index system, calculate the standard sample of the evaluation index, according to the scientific method, to measure and evaluate the budget results.

As mentioned before, the performance budgeting is currently the most advanced budget management system. This system can not only be settled legal aid budget the amount of funds, but also can work with legal aid tied to results, can make the legal aid fund to maximize the effect. Therefore, the legal aid fund performance budget reform is an imminent task, can effectively alleviate the bottleneck problems that restrict the legal aid work.

 

The third section       Budget funds for legal aid performance

 

Characteristics of performance budgeting has three: centralized control, decentralized and results means total guide. It overcomes the shortcomings of the traditional performance budget only emphasize the budget management function and ignore the budget planning, only emphasize the efficiency of government expenditure and government expenditure target ignore this drawback, the control, management and plan three budget functions in the same budget form, so that the government budget control tools to efficiently implement government spending targets. Performance budget to reflect the public interest goal oriented, so it is helpful to raise the government's customer service consciousness, the creation of the government's intention to return. Performance budget and the efficiency as the center of the internal control of the budget management, the effective use of public resources, there are plans to more and better meet the needs of the public.

Meaning of legal aid is "aid as aid", this is the general target of legal aid work. All work related should focus on this goal implementation. In order to achieve this goal, we must determine the two most basic index. One is the efficiency index, another is the effect index. According to the survey, due to the stringent requirements of the judicial administrative organs, so far, to the legal aid agencies to help the masses can get legal service personnel assigned service. Because the "Lawyers Law" stipulates that lawyers should undertake the duty of legal aid lawyer management departments, judicial administrative authorities at various levels every year for the lawyer to handle the legal aid case examination, if a lawyer refused to handle the legal aid case, judicial administrative organs to his punishment, so, any legal aid center assigned to the firm's case at present, there hasn't been rejected, therefore, the main content of efficiency index of legal aid is not research. Now there is not a matter of legal aid cases without a lawyer, but in the quality of handling cases can be recipient satisfaction. So, this paper mainly discusses the effect index of legal aid. "Love to make aid" the goal itself includes these two indicators, it requires all the legal aid agencies to help the masses can get legal aid agency aid, and that assistance should be accord with the standard of legal aid services. Performance budget soul lies in the social effect, so, how to realize the legal aid effect index is the key to the legal aid fund performance management.

 

A, quality evaluation system is implemented to ensure the effectiveness of legal aid

Determine the effect index of legal aid must be based on the overall objective of legal aid foundation. The fundamental goal of the establishment of the legal aid system is to make the certain social groups to get legal service equality. Here the "equality" for legal aid of the case undertakers to handle the legal aid case as management fee cases, not because there is no charge to provide legal services to poor. Therefore, we must establish a set of the legal aid of the case quality evaluation system. Figure 3.3 illustrates the process of performance budgeting management. Performance budget management is the performance target, performance funding and

The performance evaluation form three aspects of the circulation. Performance indicators and business cost is always at the core of this cycle. To determine the financial sector in the performance target, into the budget process, the formation of the draft budget. The draft budget in the budget go through the National People's Congress passed, into the budget implementation stage, performed by the business department. Budget execution is completed, into the performance evaluation stage. Performance evaluation is completed, it shall settle the capital. Performance evaluation of information and return to the first step, become the starting point for the next round of performance budget. Specific areas of legal aid case quality examination is performance evaluation, it can measure the legal aid cases social effect, but also can be important reference to the allotment of funds for legal aid.

The essence of performance management is to make government departments and agencies, through the design of performance index and according to the performance requirements of the operation, a better understanding of the departments and agencies and the significance of the Department's mission and purpose, the use of information recording and analysis means to understand the potential of this sector, to maximize efficiency, to complete their tasks, to meet customer demand. Therefore, the establishment of a complete set of quality evaluation system has become the inevitable requirement to measure the effect of social legal aid cases.

 

 

 

 

 

 

 

 

 

 

 

 

 

The fund settlement

1 performance indicators of 2 business cost

1 performance goals

3 performance evaluation (quality control)

2 performance appropriation (budget)

Figure 3.3 performance budget management process

Quality management for legal aid cases, very useful UK practice. Quality control is the priority among priorities of British legal aid work, from lawyers and personal qualities, firm internal supervision, and many other aspects to the request, the Legal Services Commission of Bar Association contract standards established quality specification is complete and strict and guarantee system, ensure all the lawyers can provide qualified legal aid services. In order to ensure the service quality of legal aid, the legal services commission designed a set of expert grading standards of quality (Specialist Quality Mark), used to evaluate the different kinds of work. Legal Services Commission for the high cost of criminal cases of difficult to take some special measures to ensure the quality of. One is the case management system, such as the major fraud, drug trafficking case, murders, bombings and other complicated high cost of criminal cases, signed a separate contract with the law firm, cost calculation alone. Usually, the case of legal aid costs will reach the ordinary criminal case several times. Two is necessary to ensure the capability of the service provider, through the establishment of specialized register system, it must have the expertise and experience in handling cases of the lawyer to participate in the. As for the major fraud lawyers, generally from the major fraud case selection lawyer roster. The three is for the felony case the parties will require more than the lawyers to defend, sometimes a criminal suspect or defendant by up to 4 lawyers participating agents. The legal aid services quality review and evaluation, is a very important and very complex issue. The legal service commission is using the peer review way now to be added. This is an independent, experienced and trained peer review procedure for training lawyers for legal aid case file review. Each of the major areas of business has set up a working group, they are in accordance with the relevant provisions of randomly selected file materials are reviewed, including not only the form of review, but also the essence of review[24].

The experience of Hongkong, set up a special committee responsible for the supervision of expatriate case, dispatched case operation and the legal aid department monitoring the performance of foreign lawyer. The establishment of Holland legal aid supervisors in legal aid agencies, specifically responsible for quality supervision and inspection work, South Africa is the legal aid case quality and efficiency[25].

There are many domestic effective experience in case of quality management. Guangdong Province two hundred four years effective November 1st "Guangdong Provincial legal aid cases quality inspection method". Fujian province began the trial of "legal aid service standard and quality assessment in Fujian province method" from January 1, 2009, Henan Province in 2006 on the establishment of a legal aid covers eight aspects of the case quality control system. 2009 implementation of the "put forward clearly to the establishment and perfection of legal aid case quality evaluation system of legal aid in Henan, should do guide" aid work in operation. The legal aid center of the Ministry of justice in February 28, 2009 issued "on the legal aid of the case quality evaluation research work notice", its purpose is to ensure and improve the quality of handling legal aid, to promote the work of quality management of legal aid system and standardization, to ensure the healthy development of the cause of legal aid. From the nationwide situation, the basic approach is to implement the evaluation system two sets of case quality, a set of the parties of the case review system, the Legal Aid Center staff on a party to the case return visit, understand the contractor for lawyers in the index case process. Another is the admissibility of the case shall review system, the legal aid center of the cases handled by the court, the Arbitration Commission, procuratorate, Public Security Bureau, labor bureau, the people's mediation committee shall pay a return visit, soliciting their views on the work of lawyers. Through these two sets of return visit system, can grasp the lawyers handling cases effect. Qingdao city to take the case quality evaluation system. One is to establish a legal aid lawyer roster, the 57 lawyers qualified in accordance with different expertise to establish rosters, guarantee the quality of case from the source. Two is arranged in the center of a full-time lawyer and hired from society supervisor responsible for supervision. The three is the implementation of "a case of three card" system, namely the quality supervision card, card, staff card handling service supervision, the quality supervision work through the entire process of handling cases. Through the timely tracking cases, to understand the progress, discuss and court, procuratorate score method to ensure the quality of handling cases. In addition, they also according to the grades of case quality score the number of subsidies, and strengthen the consciousness of responsibility of lawyers[26]. Zhejiang province Pinghu City Bureau of justice is even more advanced, they began the full implementation of ISO9000 international quality management system in the city from 2008, the legal aid center set up a special quality management internal auditor, through the establishment of quality management documents, the legal aid work more normative and orderly[27]. In addition, the country's lawyers association are evaluation system of a set of relatively complete law case quality. After 20 years of development, control and ensure that a set of assessment system for lawyers to quality plays a very important role. Legal aid cases is also a part of lawyers handling the case, the same is subject to the evaluation system of constraints. This double case quality guarantee system can ensure the lawyer can effectively improve the quality of handling legal aid cases.

Quality evaluation system is a legal aid society security line, only to improve the quality of case handling, can truly protect the lawful rights and interests of the person under. So, quality evaluation system is an organic part of performance budget indispensable. The finance department only after receiving the notice of the legal aid authority case quality evaluation, according to the score of the lawyers in proportion to the lawyers by handling subsidies, only score above a certain amount of lawyers to receive the full case subsidy. So, the case handling quality evaluation system must be established at the same time and performance budget management system.

 

Two, how to ensure the implementation of the legal aid effect index

Establishing the system of case quality evaluation, the financial sector basis, but only in the disbursement of funds, this set of mechanism is not enough to improve the quality of handling legal aid cases, should also be in the system to ensure that the lawyers can do every piece of legal aid cases dutifully. The main reason affecting the quality of handling legal aid cases in the undertaking lawyer can get the subsidies is limited (the second chapter second section, third section has made the detail). Therefore, to ensure the legal aid work, must improve the lawyers subsidy standard.

Before determining the subsidies, must first solve a problem: the legal aid who is responsible? In fact, this problem has been discussed in the front, the reason to raise this question, because the "Lawyers Law" provisions of the people's Republic of China forty-second shall undertake the duty of legal aid. This article will put the idea into a misunderstanding. It was on that, since lawyers should undertake the duty of legal aid, it should not matter how much the subsidies, even without the patch, patch lawyers also should go through the legal aid cases. This understanding is the legal aid system is backward, the stage of state responsibility in legal aid work back to the charity behavior stage. I quite agree with Wang Hongyu, he thought that the lawyer to undertake legal aid obligations shall have a correct understanding. The obligation of lawyers should focus on individual service, safeguard the legitimate rights and interests of the person under. A lawyer should undertake to provide legal service in compliance with the statutory procedures and legal requirements for the recipients to use their legal professional knowledge and skills in the process of the case, safeguard the legitimate rights and interests of the person under.[28]The lawyer's duty embodies the must accept the Legal Aid Center Assignment for legal aid cases, not waive or reduce the costs. All legal aid center, there are a small number of full-time lawyers, so that legal aid center is to bear the legal aid institutions some tasks, all future legal aid cases shall be borne by the center for legal aid lawyer. However, the legal aid center of the more important function is not for specific cases, but to assume the administrative functions[29]. So, a lot of legal aid cases have to rely on social lawyer to handle. At present, China's lawyer most worked in partnership law firm, to make a living on their own for the community to provide legal services. So, the lawyer for legal service fee is behoove. If so, the legal aid case is no reason for the law to reduce or waive fees. This is bound to face legal service fee shall be a recipient who bear, according to what criteria commitment problem. Because the legal aid is the responsibility of the state, legal fees of course should be undertaken by the government, but also for the collection of fees is a lawyer living means, rely on selling legal services lawyers their remuneration, in accordance with the principle of fairness, the government should not be a lawyer free possession of labor, will the government responsibility onto the lawyers, it shall pay labor costs for the lawyers in the legal service market price[30]. A very simple example. If building a bridge to the county government, who think that fees shall be paid to the construction company according to the market price, and not let the construction company do not receive or collect fees. Bridge is the county government responsibility, this responsibility is by construction companies to implement the. Similarly, legal aid is the government's responsibility, this responsibility is the realization of the lawyer. What to construction companies to pay compensation to the market price, will play some discount and payment to a lawyer?

Thus, on the responsibility in legal aid should be divided into two aspects: on the one hand, the legal aid lawyer responsibility assignment, embodied in the lawyer has the duty to accept legal aid center, undertake legal aid cases, and do due diligence as management fee cases; on the other hand, the legal aid is the responsibility of the state, embodied in the establishment of the Legal Aid Center at all levels of management, to provide funds for the lawyer who undertakes the legal aid and the subsidy. Lawyers and the government should each perform their duties, cooperate with each other, to make the legal aid work. So, want to let a lawyer to bear the responsibility in legal aid, it must raise the subsidy standards. Because the lawyer to handle the legal aid case with a mandatory, is the country specific reflect, to provide legal aid for special groups of responsibility so, in order to encourage lawyers to do this kind of case, to this kind of case, should be given a higher than market price case subsidy shall not be lower than the market price, at least. In this way, the enthusiasm of a lawyer to handle the legal aid of the case will be an unprecedented increase, the realization of "state responsibility should aid to make aid" is no longer difficult.

The difficulties of performance budgeting is to design effect index. "Money effect" is the ultimate goal of public budget, therefore, must establish the evaluation system of effective legal aid quality, ensure the quality of handling legal aid cases, so that the recipient can get legal services equally with other people, truly realized in front of the law everyone is equal. Only to establish evaluation system of case quality, is not enough to guarantee the legal aid society effect, therefore, should also ensure that the lawyers have the ability to put the same amount of energy in the legal aid cases, this requires improving subsidy standard. To solve these two problems, the legal aid work can achieve its proper meaning.

 

 

 

Conclusion

 

The legal aid work is one of the system to protect the legitimate rights and interests of a special social group, is the important content of constructing socialist harmonious society. In order to do this work, at all levels, all the judicial administrative organ and the Legal Aid Center staff are paid a lot of effort. However, the social development to the present, the development of an enterprise can not only established in staff enthusiasm, and should establish a mechanism to ensure that the work of this job. Therefore, the legal aid funds has become a hot social concern. The fund can guarantee in place, in relation to this work can do. But, according to available statistics, the current money supply can not meet the actual needs. Funding issue has become a bottleneck restricting the legal aid work.

The establishment of performance budget system, the implementation of the government performance plans to reveal to the public, the public can not only understand the administrative process, the budget funds, can also according to the different departments work performance, comparative analysis and the same department performance each year, to understand the situation about the use and supervision of budget funds and effective sex. This will help to strengthen the social public to the supervision and evaluation of the government, to promote the government to improve the level of decision-making, promoting clean, efficient government building process. At the same time, the financial sector for legal aid agencies to do what the case is clear, how much should be appropriated funds for legal aid is clear, the government for money to purchase a number of services also clearly, as clear as noonday. Both sides do not need to complete the game can determine the amount of funds. The implementation of this system, not only can improve the work efficiency, and can save the cost of the game, but also can fully guarantee the need of legal aid funds, the "assistance to make aid work to implement the". Therefore, the legal aid fund performance budgeting system will greatly promote the development of the legal aid work, for the realization of equality before the law, plays an important role in building a harmonious socialist society.

 

 

 

 

 

Reference

 

One, the legal aid literature

1, Cong Hui, 2009: "2008 national statistical analysis of the legal aid work" China "legal aid" third period

2, Dong Yonghe, 2009: "how to improve the quality of legal aid case" China "legal aid" Fourth Period

3, Gao Shupeng, 2008: "state responsibility in legal aid" new "trade unions forum" fourteenth volume fifth issue

4, Ge Weimin, 2008: "on the construction of harmonious society under the legal aid" "law and society" seventh period (on)

The 5 house Xiaobing, 2005: "USA legal aid system of" justice "" Chinese tenth

The 6 house Xiaobing, 2003: "Introduction" foreign legal aid systems Chinese procuratorial press

7 Gu Yongzhong, 2008: "Perfecting the legal aid system in China "Legal Daily" problems "September 1, 2008

8 he zhanchun clouds, 2003: "improvement" on the legal aid system in 2003 China University of International Business and Economics law Master's thesis

9 Hu Yuxia Liu Yaohua, 2007: "the improvement of our legal aid system" "the forum" third period

10 Huang Sufen, 2007: "on the Chinese and Canadian legal aid funds and the use of" legal aid "third period" China

11 Huai Yang, 2005: "legal aid for the settlement of the contradiction between supply and demand" "Cadres Tribune" Fourth Period

12, Jin Zhanqing, 2008: "Reflections on" reference USA government performance budget, "economist" third period

13 the Laoshan Judicial Bureau, 2009: "build a case supervision mechanism to improve legal aid service quality" China "legal aid" Fourth Period

14 Lei ZijunShen Yang, 2007: "IPresent situation and development of China's legal aid"Http://sqlaw.shangdu.com/news/sfzd/2007-8-17-cs/0AK0DIABJE78.html

15 Li Bojun Tan Guanxiu, 2007: "Africa national legal aid system of" fourth stage "," Africa

16 Li Ping, 2008: "the Constitutional Perspective of legal aid Chinese justice" "justice" China twelfth

17 Liu Xiaolan, 2008: "the foreign legal aid experience and China perfection of the legal aid system" "Journal of Hunan Agricultural University (SOCIAL SCIENCE EDITION)" ninth volume first issue

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The 20 sang Ning Jiang Jianfeng, "British 2007: quality control system of criminal legal aid and Enlightenment of" judicial "first period" China

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Induced Xie

 

In the process of writing this paper, Xinxiang City Judicial Bureau, Mr. Li Shuangan, Mr. Song Tao, deputy director of the Xinxiang Legal Aid Center Director Mr. Xue Lixin, director of the Bureau of justice of Huojia County, Ms. Xia Huiqin, Huojia judicial bureau discipline inspection team leader Wang, Huojia County, Mr. Quanxi legal aid Center Deputy Director Ms. Li Jianzhi as I have presented important comments or suggestions, and unselfishly offered a lot of help, so I got a lot of detailed information in thesis writing. In this deeply grateful.

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