The Third Plenary Session of the eighteen
"decision", "national judicial relief system, improve the legal aid".In the just concluded NPC and CPPCC, Li Keqiang prime minister pointed out in the "government work report" also, "depth legal education, increase of legal aid."
As an economic difficulties provide free legal service system, the legal aid in China for nearly 20 years, the positive role in the realization of equality before the law on.In 2013 alone, a total of more than 115 pieces of handling legal aid cases, than the 13% growth in 2012; the number of recipients of more than 128 times, up 12%.
Provide free services, the benefit of the difficulties of the masses, how to guarantee the quality of aid, and further enhance the effect of service, is the focus of our attention.
Some aid system, bidding pairing, contract, let the recipient to pick a good lawyer
In order to improve the quality of legal aid, in recent years, some regions have introduced legal aid "little aid system", namely the legal aid institutions of selecting a group of professional ability and the occupation moral volunteer lawyers for legal aid lawyers, and according to the law of business expertise in classification, a law library, for the recipient to select.
Like to go to a restaurant to eat a la carte, recipient through the "menu" can choose the lawyer, the legal aid institutions as much as possible according to the recipient will assign its choice of law.
In January 3rd, Bank of Beijing (Shenzhen) law firm lawyers Zhang Wenping browsing the news of the day in the office, a sign the lawyer announcement caught her eye.This is a minor suspected of intentional injury case, the employer is the legal aid department in Shenzhen city.With rich experience in handling cases of her application for criminal.After examination, interview, Zhang Wenping talent showing itself, become the case undertakers.
This announcement is the Shenzhen legal aid office at the beginning of the year third times in the online publication selection lawyer bidding information.Since the 2012 January implementation of legal aid cases online bidding, Shenzhen legal aid office in Shenzhen City Bureau of justice, Shenzhen City Bar Association website a number of "legal aid cases selection Law Bulletin", a total of more than 100 lawyers are encouraged to register, parties and lawyers have been successfully "pairing".
The field of economics will be "tender" concept of legal aid, Shenzhen city is a continuation of the legal aid "point.".
"In order to allow more public spirited lawyers, we choose a high degree of social concern or difficult cases are bidding on the Internet, for the city's all lawyers in recruitment.This is a process of two-way choice, to the recipient and lawyers volunteer premise."Legal aid in Shenzhen Municipal Judicial Bureau Director Cao Weijie said.
Apart form the power matching Shenzhen this online bidding promotion of legal aid service quality, Zhejiang province Ningbo City Legal Aid Center Implementation of the legal aid cases "contract" is also a find everything fresh and new.
At the beginning of this year, Zhejiang hechuang law firms and legal aid center of Ningbo city to sign the contract, continue to undertake part of the case in the legal aid center of Ningbo city.This is the law firm for third years and Ningbo legal aid center to undertake contract signed.
Zhejiang hechuang lawyer Zhang Qian told reporters before the city, is a lawyer turns to undertake legal aid cases, there are some drawbacks, such as the "lawyer may encounter not professional counterparts, individual combat, without competition mechanism etc.."
In order to solve these problems, in 2011, legal aid center of Ningbo city started a legal aid cases "contract", namely each year to determine the 3 law firms to undertake legal aid center 60% - 70% cases.Each law firm to set up corresponding handling team, such as criminal groups, labor disputes, civil case group etc..Each identify a rich experience in the field of teacher, guide, control the quality of case."Contract lawyers to ensure the quality of handling cases, legal aid center will also according to the contract law case when undertaking quality, decide whether to renew, every year a sign."The Ningbo Legal Aid Center Director Chen Jianxing explained.
Quality is the lifeline of legal aid, "contract" has the effect to get instant results.The implementation of three years, signing lawyers case in favor of the rate of 96%, higher than the 6 percentage point contract lawyer.
The introduction of social work, the establishment of revolving funds, soothe the recipient heart
The recipients in adults, often because of problems can not be solved and other reasons in time, cause the overreaction.Therefore, legal aid is not only to ensure the quality, but also continuously extended service.
In March 4th, Shenzhen legal aid agencies workshop snow dialed the recipient Li Jianhua on the phone.
"Mr. Li, I'm the legal aid work.Are you satisfied with we give you the appointed lawyer?"
"The first win, is he a lawyer agency.Now the second party appeals lawyer, he continued acting, I certainly satisfied."
As early as in 2008, Shenzhen in the field of legal aid the introduction of social work."After 85" college students real snow in 2011 January as a member of them, in addition to assist the reception of visitors, and evaluate the quality of follow-up survey of legal aid cases, real snow will often to the recipient for psychological counseling, help them out of the shadows.
Cao Weijie introduction, agency work for the third party, every year the Shenzhen city 80% legal aid cases were follow-up survey, provide better service for the recipient.
In the process of maintaining legal rights, part of the recipients often face such dilemma: as the main force in the family, work injury accident loss or partial loss of labor, family economic source is suddenly interrupted, often face in maintaining the rights of economic difficulties.
Aiming at this problem, introduce legal aid revolving fund system in Zhejiang province Zhoushan City, namely the government funded the establishment of revolving funds, legal aid center to provide temporary working capital to poor recipient, using borrowed money in the form of the recipient to borrow, after successful adults, center back the money.The system implemented since the end of 2009, Zhoushan Legal Aid Center issued a total of revolving funds more than 90 yuan, help 86 households struggling families weather the storm.
About the establishment of the original intention of the system, 10 years ago in case let the director of legal aid center of Zhoushan city Xu Aihua fresh.
In 2004 March, Hubei Province, Lichuan City, Wu Yongming entered the Zhoushan migrant workers legal aid center crutches leaning, seek legal assistance.Xu Aihua learned that, in a Zhoushan quarry work Wu Yongming because inductrial injury permanently lost labor ability, quarry only pay him 10000 yuan.Because the house had two young children to support, this little compensation could not support the family.After one point, he came to the City Legal Aid Center for help."10000 yuan compensation for him, obviously unfair."Xu Aihua then helped Wu Yongming to the Dinghai District Personnel Bureau of labor and social security to do work-related injury, disability identification, and apply to the labor dispute arbitration to the labor dispute arbitration commission Dinghai district.In 2005 January, when get 180000 yuan of industrial injury compensation, Wu Yongming choke with sobs.In his eyes, the money can not only cure injury, can support one family live.
The shortage of funds, lack of personnel, the legal aid system to be perfect
Although our country's legal aid work has made substantial progress, but compared with the people's growing demand for legal aid, legal aid funding and personnel guarantee some difficulties still exist, the coverage of legal aid has yet to be further expanded, which to some extent affected the play to guarantee the legal aid services and improve the livelihood of the people function.
Taking Shenzhen as an example, according to the provision of Legal Aid Bureau of Justice Department data show, 2011 to 2013, the annual payment of funds were 5292500 yuan, 6345000 yuan, 9434100 yuan, year the total growth year after year to 4201 cases, 4850 cases, 6050 cases, and the corresponding year funding gap has reached 5210000 yuan, 5780000 yuan, 6130000 yuan.These data show that, in handling cases of growth is not synchronous growth with legal aid cases, lead to funds in arrears, not aid as aid.In addition, the legal aid institutions Shenzhen's only public lawyer 7 people, average every year to review aid case 20000, for 300 cases.Due to a serious shortage of legal aid cases, the procedures for review of power shortage, especially in the year 2013 the rapid increase in the amount of criminal legal aid cases, public lawyers to bear the audit, handle a case. The more appear stretched.
In response, Cao Weijie said, Shenzhen will explore the legal aid funds to finance aspect, the introduction of special budget for legal aid funds, and according to the financial revenue and legal aid cases growth factors increase the input of funds, not on cap.
The work of the division for legal aid department director Sun Jianying introduction, "the next step, we will increase the intensity of the legal aid services to the difficulties of the masses, improve the service network, promote the service window construction, convenient for people to seek legal assistance; to expand the coverage of legal aid, and adjust the legal aid supplementary matter range, further relaxation of economic difficulties, let legal aid benefit more difficult masses; strengthen the legal aid regulatory functions, improve the legal aid quality, and strive to provide quality and efficient legal services for the recipient."