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Abstract:In recent years, the legal aid in the maintenance of social stability and justice, safeguard people's livelihood, play an important role in promoting economic development. In the new situation to promote the quality of management, improve the quality of service is the legal aid work to meet the needs of new demand, new look and the people's Party committee and government is important content to strengthen the construction of legal aid, the standardization is an effective way to enhance the credibility of the legal aid. Therefore, the legal aid case quality can be said to be the lifeline of legal aid, is the essence of legal aid. This paper proposes the implementation of legal aid quality management strategy from the angle of legal aid management, provide qualified legal aid services to the recipient in the preliminary implementation, to "support and assistance" that is high quality and effective legal aid services as the goal of internal work, thus put forward a series of solutions.

 

                              Article / Chongqing Legal Aid Center Sheng Hongbin

　   In recent years, the legal aid in the maintenance of social stability and justice, safeguard people's livelihood, play an important role in promoting economic development. In the new situation to promote the quality of management, improve the quality of service is the legal aid work to meet the needs of new demand, new look and the people's Party committee and government is important content to strengthen the construction of legal aid, the standardization is an effective way to enhance the credibility of the legal aid. Therefore, the legal aid case quality can be said to be the lifeline of legal aid, is the essence of legal aid. This paper proposes the implementation of legal aid quality management strategy from the angle of legal aid management, provide qualified legal aid services to the recipient in the preliminary implementation, to "support and assistance" that is high quality and effective legal aid services as the goal of internal work, thus put forward a series of solutions.

A, Concept: "quality management strategy" and "support and assistance"

One is the quality management strategy. "Strategy, guide, overall, is about strategy, scheme and countermeasures." The author thinks, to the implementation of the legal aid quality management strategy, we must improve the legal aid management quality and service quality, but not on service quality of service quality. The quality of management mainly refers to the impact of the system, the quality of case handling funds, personnel and supervision and management, which announced, as the legal aid and the admissibility of the application, review, reject and objection handling, appoint lawyers stage quality. Service quality refers to the legal aid staff appointed by legal aid institutions, quality and provide the agent or the defense and so on. Management quality and service quality is the two part of the process of the implementation of the legal aid, two rely on each other, natural, close contact, can not be neglected. Quality management is the basis is the guarantee, service quality is the result is objective.

Two is the "support and assistance". All in the initial completion of "support to make aid" basis, have put forward the "support and assistance", requirement timely, convenient to provide legal services, high quality, efficient and provide the recipient. Why is the best? Is to achieve a certain standard superior or reach or exceed the social law provides legal service business is good for you? Provisions of the State Council "Legal Aid Ordinance", to meet the conditions of legal aid citizens, to provide the necessary and in accordance with the standards of the legal aid. The author thinks, the regulations are rational, is also in line with the reality of the. At this stage should admit the commercial legal services and legal aid services exist differences in quality standards, establish legal aid service standards as soon as possible. Of course, does not prevent the "support and assistance" as the legal aid work objectives and requirements, and continuously improve the quality of legal aid services.

Two, quality construction overall impression: strengthen management quality, service quality needs to be improved

The documents show, the quality management of China's legal aid has been continuously strengthened, supporting policies and related working system must be perfected; strengthen communication and coordination with relevant departments of the legal aid institutions; legal aid funds safeguard ability gradually improve, funds management is gradually towards a standardized track; quality control mechanism of legal aid is being established. Constantly improve the legal aid service quality, maintain the legal aid recipient masses satisfaction rate reached 95%, the case quality qualified rate reached the level of 98%.

 

Although the construction of legal aid in China has made some achievements, but there are still some problems, there is still a certain distance from the recipient quality requirements for legal aid. Whether the media or network survey, from the quality check around is not difficult to find, to improve the quality of legal aid. Some lawyers in handling legal aid cases perfunctory handling, illegal omission necessary procedures; the heavy form light entity, program formulation, real simple, mining the case aid case is not enough, the agent words and words in defense, the lack of the facts of the case, the evidence for the analysis, in the case of applicable law has no full paper or paper, which makes legal aid case quality is difficult to achieve the desired effect.

Result in two different understanding to the legal aid quality at present, not only has the reason of individual knowledge, but also on the legal aid quality requirements is based on standard or measure to business reasons, of course, the more the quality of legal aid cases need to further improve the causes in the current situation.

  Three main factors affecting the quality of case handling, legal aid

In practice, many factors affect the quality of legal aid cases, such as system, mechanism, system, mechanism, funds, personnel, supervision, etc.. The author thinks, from the management aspect, the most important should be combined with the actual situation of the implementation of the legal aid institutions, careful selection of legal aid mode, and the positioning of the legal aid institutions management functions and service functions, and clear the nature of the unit, the reasonable deployment good people, money, resources, and then is the system security, financial security, personnel security, supervision and other issues.

(a) providing mode of legal aid

To provide legal aid mode determines the direction and focus on quality management, there are three main modes.

The first is to rely on social lawyers to provide legal aid, also is commonly known as "buy" the legal aid services. If the management strength and effective means, the case quality have a better guarantee. Just ask the implementation area general law is rich in resources, government financial support.

The second is the legal aid staff personnel to provide legal aid mode. The model cases to save cost, convenient management and supervision, timely summarize the advantages of the legal aid work experience, but to mobilize staff enthusiasm are often trapped in the current institutional constraints.

The third is the legal aid institutions of full-time staff for legal aid cases and social lawyers, grassroots legal professionals to undertake legal aid cases are combined, and the effective use of guiding college social groups, the power of University as a supplement to the legal aid. Advantages of this hybrid model has more than two modes of. Of course, this mixed mode also exist to whom dominated problems. Most of the Chongqing County Department of this mode of legal aid institutions.

(two) the positioning function and nature of the legal aid institutions

Positioning function and nature of legal aid institutions affect the funds safeguard of legal aid and personnel security level, determines the level of legal aid cases of quality management.

Provide the model function depends on the legal aid institutions for legal aid. The purchase of legal aid, legal aid agencies mainly the exercise of management functions. The legal aid staff providing mode, the legal aid institutions mainly exercise the function implementation. As for the mixed mode, function orientation of most of the legal aid institutions for the management and implementation of the dual function. Limited by the lawyer resources and financial funds, the implementation of the Chongqing most of the legal aid institutions is the dual function.

Because the legal aid institutions function due to the different nature of legal aid agencies generally are different. The General Department of Justice Bureau fully engaged in legal aid management functions of the internal administrative mechanism, and the single engaged in legal aid implementation functions or perform dual functions of the general institutions of property, there are very few parts is the administrative unit properties. Depending on

(three) the legal aid coordination mechanisms

Previously, due to legal aid fails to establish a stable external coordination mechanism, leading to legal aid workers encountered many difficulties in handling legal aid cases, greatly influences the quality of handling cases. Thereafter, all levels of government generally established leading group for the coordination of legal aid, legal aid work by relevant departments of the policy support and cooperate with the legal aid department cooperation, smooth channel, build a platform for the timely and effective solution to the issue of legal aid.

(four) the construction of legal aid system

Effects of system standardization construction for the quality of legal aid work obviously. The Justice Department has formulated plan, all according to the specific situation of the formulation of corresponding working system, in order to achieve the purpose of the implementation of the system Every order is executed without fail. The construction of legal aid system mentioned here mainly refers to the business operation rules, such as acceptance, examination, assignment rules, case filing system, complaint handling and objection review procedures, quality supervision and management methods.

(five) to fund supervision legal aid

Due to limited amount of subsidies, complicated cases even basic costs are not a burden, if the undertaking lawyer fulfill the task, careful investigation, may daotie costs, resulting in a practicing lawyer no enthusiasm for legal aid cases. At present our country legal aid funds in general is insufficient, in addition to a small number of developed areas, most of the local legal aid funds are shortage. At the same time, the author thinks, the legal aid funds are increasing year by year, intensify the supervision of the legal aid funds, how to allocate the limited funds all as a case of subsidy legal aid, more important. The shortage of funds, especially the use of funds supervision, contused greatly the enthusiasm of legal aid staff and investigators, affecting the quality of handling cases.

(six) the talent quality legal aid team

When people talk about legal aid case quality, often pay more attention to the case handling personnel quality. The author thinks, must be on legal aid management personnel's professional quality caused enough attention. The legal aid management personnel professional quality to be able to cope with the increasingly complex quality supervision. For legal aid management personnel are currently limited, China should form a reasonable selection mechanism, the training mechanism and effective incentive mechanism, effectively solve the contradiction between supply and demand of talent of legal aid.

　 (seven) the strength of quality supervision of legal aid

Supervision of the quality of the primary consideration should be the establishment of the corresponding quality evaluation system, establish the corresponding quality standards. Secondly, it is a special case of quality supervision system, follow up and supervision and guidance on the case. Only to strengthen supervision, in order to improve the quality of legal aid case finally to be carried out.

　　Four, strengthen legal aid quality management recommendations

The author believes that, in order to improve the quality of legal aid case, perspective and thinking can not be confined to the construction quality of case only, but should stand in the strategic height to strengthen the management of the quality of construction, not only can obtain from the construction development direction, management system, mechanism, also from the system security, financial security, personnel security and supervision put forward reasonable suggestion aspects, urged "implementation support and assistance". Because the situation is not a legal aid, factors affecting the quality of service is various, the legal aid quality management problems have more differences. Because Chongqing has developed eastern area, middle area, west economy high speed development lags behind economic form, area etc. at present, the legal aid quality management problem is a typical. The author will take Chongqing as an example, put forward a series of proposals to strengthen the legal aid service quality.

(a) innovation mode of legal aid

Mixed mode now commonly used to solve local law resources shortage, but because the uneven level of workers, quality of service is hard to guarantee. With the acceleration of the process of building the rule of law, increase the number of lawyers, to protect the legal aid fund of the national increase, in order to facilitate better management, "buying" the legal aid services should become the mainstream direction of development. Of course, due to the limited financial resources, at this stage of the buying of legal aid services the price certainly is not equal to the market price.

One is the purchase of lawyers service. Directed by bidding, negotiation, undertaking legal aid agencies to determine the admissibility of the case. Cases assigned to the implementation of the contract system, by the appointed lawyer case. The lawyer, appointed guide case, feedback information and responsibility, Center for the case quality, schedule, client satisfaction to undertake supervision and assessment. Cases from decentralization to centralization, help to improve firm the enthusiasm and sense of responsibility.

Two is the purchase of private non enterprise units of legal aid lawyers service. We should give full play to the role of social organization, form the government leading, widely participate in social work. Can set up legal aid private non enterprise units, and to encourage the active participation in the legal aid activities by way of legal clinic.

　(two) to strengthen the construction of legal aid agencies

With the legal aid services gradually to the market to buy transition, legal aid providers show the trend of diversification, to rationalize the system of legal aid work management, establish the top-down, perfect function, efficient operation of the supervision system, we must promote the construction of organization, enrich the management power. The legal aid authority undertakes the organization, guidance, supervision, management, publicity and other administrative functions. Legal aid services as the implementation mechanism for government legal aid duty, also bear the acceptance of the application, examination and approval, issued by the designated to handle, subsidies and other administrative functions. The existing legal aid management mechanism and service machine purchase combined to set up legal aid authority, can not only enrich the management strength, but also their own name and efficient operation.

Taking Chongqing as an example, take the city as an example, the Management Bureau of legal aid work, staffing is only 6. City Legal Aid Center staff 35, single function, only in the specific case of business. Due to the legal aid institution full-time staff can not effectively allocate, can not deal with cases, funding, personnel management, can not effectively play the role of professional team. Therefore, recommended the establishment of the Legal Aid Management Bureau of Chongqing City, as the Municipal Judicial Bureau directly under the administrative unit, level, set the 3-5 internal organs. At the same time, the Management Bureau of Justice legal aid office is cancelled and the legal aid center of Chongqing City, the existing responsibilities to the Legal Aid Management Bureau of Chongqing city. The establishment of district can branch form, promote the consolidation of existing legal aid management mechanism and service mechanism.

　(three) strengthening cooperation and safeguard mechanism construction

In order to ensure the quality of legal aid, and to strengthen the public prosecutor, law, business, labor arbitration, archives, medical health and identification and other relevant departments as well as workers, youth, women and other social organizations to communicate the legal aid institutions, establishing legal aid Coordinating Leading Group, the establishment of a joint meeting system, information system, coordinate the system external coordination mechanism, and the successful experience with the laws, regulations and other form, information flow, complementary advantages, catch condominium together work pattern is formed on the legal aid of the case quality supervision and management.

　(four) the establishment of the system of legal aid regulations system

In order to guarantee the legal aid work orderly and efficient operation, improve the service quality of legal aid, legal aid agencies at all levels should formulate the corresponding legal aid system and internal management system according to the functional features of its own, the formation of legal aid regulations system of multi-level, establish and improve the responsibility system of first asking, the one-time inform system, answer the reception system the lawyer on duty system, service, publicity system, risk disclosure system and working system.

In the case of Chongqing, the city Bureau of justice promulgated "Chongqing legal aid procedures", "Chongqing legal aid practitioners norms", "legal aid cases funds payment", "calculation of the Chongqing legal aid business archives management measures" four system, the city and the district detailed work measures, reception in legal aid, consulting, application, acceptance, examination and approval, handling, archiving closed and institutions, personnel, funds management more standardized, legal aid work standardization level, quality of service and improve continuously.

(five) the legal aid fund guarantee

　 One is to increase the input of funds. To increase the legal aid funds, must be legal aid funding into the budget; in the central and provincial government set up special funds for legal aid, legal aid work in poverty-stricken areas; the establishment of the Legal Aid Foundation in all parts of the country, strive for more social contributions. Financial departments at all levels should increase subsidies, improve the investment office handling of aid workers, especially the need to put special legal aid training promotion expenses, and strive to be the legal aid the image project well.

Two is to strengthen the supervision and management of the use of funds. The legal aid funds should be separate accounts, dedicated. The legal aid agencies at all levels should establish and perfect the system of legal aid fund balance, reasonable budget funds of legal aid, and regularly make the income and expenditure of financial report. The legal aid institutions, the competent judicial administrative department, financial department and the audit authority shall strengthen the supervision of the legal aid funds, establish performance appraisal system and complaint investigation mechanism, the deduction, interception, misappropriation of funds of legal aid phenomenon seriously investigated, pursue the legal liability related responsible person.

Three is to improve the lawyers subsidies standards, and set up price index with dynamic adjustment mechanism, arouse the enthusiasm of social organization's participation in legal aid. According to the specific type and effect evaluation of case case subsidy for lawyers.

(six) construction of team of legal aid

The first is to solve the problem of shortage of human resources of the legal aid institutions. Taking Chongqing as an example, with the legal aid work in depth, good organization of legal aid is insufficient and the implementation is not in place, the vacancy of serious, establishment personnel departments at all levels in addition to increase the addendum strength to the legal aid institutions, to ensure that every legal aid institutions staff of not less than 6, the township (street) legal aid station staff of not less than 1, but also provides convenience for the legal aid agencies Zhaolu talents, to ensure that the legal aid agencies to make to the gang.

Secondly, can be summed up some local employed by government employees, government purchase of public post and the introduction of social workers to solve the insufficient personnel practices, strive for the support of financial departments, research funded by the government to hire professionals to enter the legal aid institutions, enrich the legal aid institution staff.

Three is the establishment of a reasonable incentive mechanism. Usually the talent incentive in two ways: material reward and spiritual reward. In addition to the material interests, we should pay more attention to the granting of legal aid personnel spiritual motivation. The legal aid institutions should be based on legal aid workers performance periodically "Pingxian recommendation", touting their deeds, the formation of a proud to perform legal aid society. Success by buying the legal aid services tender, social law can also win social reputation, increase visibility, enhance credibility.

Four is to strengthen the training. In order to improve the comprehensive quality of legal aid practitioners, pay attention to the selection of rich practical experience and theoretical level of training teachers, extensive use of advanced mode of distance education, focus on training effectiveness, in-depth business training and job of the education, warning education etc.. In the underdeveloped western regions and the rural areas, there are a large number of grassroots legal service workers and not through the judicial examination of the practicing personnel engaging in the work of legal aid, it should be listed as the key object of training.

　(seven) the establishment of evaluation standard legal aid quality, strengthen the construction of supervision mechanism of legal aid

To supervise the legal aid case quality, we must first establish a set of evaluation criteria as quality supervision, quality inspection and assessment of business. Although the case quality standard nationwide have not been announced, but at present in our country, some places have developed the method of quality examination of legal aid cases, assessment approach to legal aid service quality and complaint investigation mechanism to make the provisions. But because of our country's legal aid lawyer too few in number, difficult to achieve for each case tracking supervision and make fair and reasonable comment on the quality of handling. Chongqing through social lawyers involved in the assessment of quality of legal aid cases, and achieved good results.

Second, strengthen the legal aid of the case for supervision work of the whole process, to ensure that the case acceptance, examination, decision procedures, standardized operation. Supervision of legal aid case quality should include pre, during and after the event, three aspects. One is to catch good supervision, told the recipient on the rights and obligations of information to the public, accept the supervision of legal aid cases, will be widely in the society during the whole process of legal aid work. The two is to grasp the good supervision, inspection case in the gallery, the implementation of collective discussion on difficult cases, a common case of expert guidance committee, to provide effective legal advisory services, plays the role of corresponding think-tank. The three is to grasp the good supervision, strict legal aid case review. Based on the case materials review, visit the recipient, visited the court, make objective and fair evaluation on the undertaker case quality. The quality of legal aid cases and case handling subsidies linked. Establishing the case quality regular reporting system, the problems found in the inspection to be informed, to alert.