Some thoughts on College Students' legal aid services

              Shandong Economic University  Liu Zhiwei

[Abstract]Students legal aid service as an important part of social legal aid services in its reform, enhance their awareness of students, teaching mode of law and social conflicts and disputes settlement has played an indelible role, but the problem still exists, such as: lack of security, human resources shortage, low quality of service system, the lack of fund support etc.. This paper will put forward some constructive suggestions for related problems, in order to further promote the development of students' legal aid cause.

Key word. College student  Legal aid services  Problems and suggestions

 

 

Legal aid is the economic difficulty or in special cases of the parties (vulnerable groups in society) a system to provide free legal assistance. It makes everyone equal standing in front of the law, enjoy the equal protection of the law, this system to the rule of law, equality and justice are three basic value, the international society for modern country under the rule of law is an important means to ensure the justice, is the guarantee of judicial human rights, the realization of social fairness and justice is an important system. Students participate in the legal aid activities, to lend a helping hand, can go out of the campus, facing the society, pay attention to the cultivation of social, and the people, for the people, the relationship between the people thought, carry forward the Chinese national traditional virtues of helping the poor and the national spirit, and enhance their sense of social responsibility and sense of justice, the future for the community to lay, serving for the people good foundation. Therefore, college students to provide legal aid services can have extensive and far-reaching effect on the students themselves and the society:

First, improve their quality and ability of practice. The law is a kind of practice, the application of strong discipline, must do the legal theory and practice closely together to learn it. In the process of legal aid services provided, we need to provide legal advice, vulnerable groups to write legal instruments, the litigation and non litigation cases, legal problems which need the legal theory and the actual control, the law confirms, abstract theory into legal methods to solve practical problems. This is a theoretical deepening process, in this process, our theoretical knowledge has been compacted, and enhance our ability of social practice. In addition, the legal aid as a college students face the society, know the society of windows, the real insight into the social life, pay attention to people's daily life, in the face of rights are or against people to care and help the biggest, safeguard their legitimate rights and interests; make us as evil as, actively promote the humanitarian spirit in order to enhance our sense of social responsibility and sense of mission.

Second, to promote the reform of legal education mode. Renmin University of China law school professor Long Yifei think, students engaged in the work of legal aid and legal education in university is a good fit. The legal aid and law education combined, for law school students provides a practical window, promote the reform of legal education, become the way of training qualified law talents. In the legal aid services, students cannot solve the practical legal issues, this is because the law education in China pay more attention to the academic education, lack of interaction of theory and practice, so that students only know the theory but cannot be applied to the practical legal problems, the interactive effect of lack of law theory and legal phenomenon, the move the greatly reduced their judicial occupation ability. In order to meet the needs of the society, cultivate legal occupation qualification, each University School of law began to focus on practical teaching, such as: case analysis, simulated court practice, etc.. However, this kind of teaching method is still difficult to meet the demand, with the "simulation of court"As an example,Simulates the court is just a virtual court scene, the student is formed by multiple drill, no feeling and atmosphere, the court the lack of passion, is essentially training students in acting, while the students the judicial occupation ability has little effect, in view of this and the emergence of a new teaching mode "clinic legal education" -- education of law and legal aid combining education mode. Legal aid is a step by step to promote the development of students comprehensive analysis to law education mode judgment ability and creative thinking ability substantially improve.

Third, to resolve social disputes, maintaining social harmony. Is the theme of the times, to construct a socialist harmonious society. However, since the reform and opening up, all kinds of social contradictions have emerged, these contradictions,In the very great degree is the masses because of economic reasons or weak legal awareness,At the same time has not been effective legal aid,No solutions to the problems within the law. If the legal aid activities well,Vulnerable groups to obtain the legal relief,Many contradictions will be resolved within the framework of the law,Between the person and the person will be more goodwill and friendship,Society will be more stable and orderly. Students legal aid activities is an important part of China's legal aid,They can not only provide legal aid for College Students,But also to provide legal aid to social economic difficulties of the masses,Help them to maintain their legitimate rights and interests are not infringed upon,To solve the civil conflict,Dissolve social contradiction,To promote the construction of harmonious society.

 

Legal aid is a symbol of modern social civilization and progress,Also the concept of democracy and legal system enhanced results. But as the system established in our country later,Especially the students legal aid in many places are still not recognized,So in practice there are many problems to be solved.

 

A,            The existence of internal students legal aid institutions problems.

 

(a)   Self management model and rules and regulations are not perfect

Legal aid as a Western import only just a few years, the research is still in the exploratory stage, so the research on College Students' legal aid is one can imagine. As everyone knows, good theoretical foundation is a prerequisite for practical application, have a solid theoretical basis, we can construct a healthy, stable system. Now the system, system of legal aid institutions of university students construct the lack of theoretical basis in their rules and regulations are not perfect, the lack of stability and management mode is not science. Investigation on the colleges and universities of the three legal aid institutions are found, they generally have rules and regulations are not perfect, management chaos. Although most of them have their own constitution, duty system, meeting system and disciplinary regulations, however these rules only has form and lack of practice (only some rough outline no specific implementation details), but are not very good implementation. The management mode (mode of management=Management concept+System structure+Method of operation), due to the lack of theoretical guidance, unified management is not perfect and the division of labor is not clear, leading to different schools have different operation management mode, organization and society can not be normal lax discipline, especially in some schools to legal aid as training students practical ability means no place oneself in others'position for the sake of vulnerable groups, so that aid staff interests without maintenance.

 

Two.   The shortage of human resources, the service level to be improved

	The sixth session	The seventh session	The eighth session
The first grade	10	8	0
The second grade	17	25	23
The third grade	7	9	10
The fourth grade	2	0	3
Total	36	42	36

                                      Note:2007--2009Statistics Almanac member

 

The legal aid center of Shandong Economic University (Shandong Economic University College Students Legal Aid Center in Shandong province is the legal aid center in Colleges and universities only center, was formally established in 2001 June sixth, seven or eight session) member grade distribution showed statistical survey, the second grade students of center members50%Above, even to70%With the increase of the grade, presenting in legal aid members decreased, even to the big four, already did not have the students to participate in legal aid. In four, solid professional knowledge and certain legal aid experience enables them to deal with a number of independent case, just at the moment, they left their posts. Mainly because of: low grade students full of interest and passion for new things and want to participate in them, so that in the service of others also exercise my ability. With the increasing grade or graduation, severe employment pressure so that members must consider for their future, they focus to the postgraduate entrance examination, the civil service exam or looking for work, they don't have the time, energy and more lost the passion and enthusiasm to devote themselves to the legal aid services, so that the loss of a large number of the backbone and the elite. At the same time, because of the low grade, the lack of professional knowledge, understanding of professional knowledge and application is not mature enough, lack of experience with, so it is difficult to improve service quality. How to improve the quality of the legal aid services is that we must be considered and resolved.

    

(three) the service activities less, too single

The survey found that most college students, legal aid agencies at the beginning of its establishment, the school leadership, teacher led, can regularly carry out legal aid service activities, activities in various forms, such as: publicity, legal advice, legal documents. However, for a long time, due to various reasons, service activity less, style very single and too formal, only engaged in publicity, community seminar, held law related activities outside work, in addition, the teacher no longer actively involved in legal aid service, simply rely on students personal strength to maintain the organization's service activities, students' legal aid institutions some school rules and regulations are not implemented, loose organization, lack of organization and operation mode of fixed. If things go on like this, have quite one part will exist, only an empty shell. This leads to the development of community mainly rely on the person in charge of the personal ability, strong ability of activity, have high enthusiasm of the responsible person, community development is better, conversely, flat mediocrity Yong as a dead-alive person as lost the existence significance. Mechanism of legal aid services to college students should always be in leadership, under the guidance of teachers, students and actively organize, participate in a variety of legal aid service activities, such as: legal advice, legal text book, the non litigation cases and other substantive legal aid services, of course, we still need to do good propaganda, hold the legal knowledge contest, moot court, internal training of law related activities, in order to improve the legal literacy, legal aid services, better for the vulnerable groups to support for a piece of the sky not wronged, to safeguard their legitimate rights and interests.

 

Three.   Service spirit, spontaneous and lack of enthusiasm is not high

Volunteer service is almost is a part of every civilization society indispensable,Is the time and energy to anyone willing to contribute their, not for any material reward, to improve social services, promote social progress and the services provided.Contemporary college students is a caring, passionate, and is glad to give the full of vitality and passion of youth dedicated to the country, society and the needs of vulnerable groups to help group. At the same time, find in helping others, social service is not only fully reflects the traditional virtues of the Chinese nation and the spirit of the times. Now, in the part of students under the leadership, the support of the whole society, volunteer service should be like bamboo shoots after a spring rain generally booming, thriving, however, today's college social services give others the spirit but not as we imagine the like a raging fire development. In addition,80After the,90Should be full of vitality, full of enthusiasm, initiative, spontaneous generation, they should adhere to the "to my school, social return" principle, to actively take the initiative to care for others, to serve others, improve the social volunteer service consciousness, lead the development trend of the social volunteer service.

 

Two, On the legal aid services of college students lack of government and social concern

(a)   Lack of legal aid service guarantee system of College Students

"The law alone is not enough". Although2003Years9Month1On "Legal Aid Ordinance" has been promulgated and implemented, but for the legal aid agency status did not make clear a regulation, and the rules on College Students' legal aid institutions is less and less, or even a blank. "Legal Aid Ordinance" (only in7The article (,)8) stipulates that: "the State encourages social contributions to the legal aid activities." "The State shall support and encourage social organizations, institutions and other social organizations use their own resources to provide legal aid to citizens with economic difficulties." And specific provisions are not for the legal aid institutions registered, management, funding sources and other related matters, the campus legal aid institutions themselves in an awkward position in the law. In addition, the new "lawyer law" the promulgation and did not make the lawyer "investigation difficult, hard evidence, marking difficult" three difficult problems can be solved. In contrast, students' legal aid agencies not registered as legal aid services group, they with what identity, in what position to the public security organs take relevant evidential materials? "PRC Civil Procedure Law", "Criminal Procedure Law of the people's Republic of China" are clearly defined "citizens acting legal affairs should be based on individual or group identity to participate in", if we are a person's identity to participate in, we would like a lawyer encounter the same problem and our identity questioned, and the law of the community assistance service in identity in that we directly lost agent qualification, which was not safeguarding the legitimate rights and interests.

Two.   Legal aid students lack, facilities are not complete

Mechanism of legal aid services to college students as a purely service of public interest groups, so they need not only high-quality personnel, need more financial support and supporting the necessary facilities. In view of the legal aid services they are different from the government can apply to the assistance fund, nor to the civil legal aid services usually have the support of the consortium, their only source of simple in school funding, but after all the school as a business unit of non-profit organizations also do not have enough money for College students' legal aid cause, in addition, many school leaders on College Students' legal aid service, support is not just opened the legal aid work of college students is more difficult. The investigation found, students legal aid center of certain university almost do not have their own office, computer, telephone and other basic facilities, college students as the beginning of China's legal aid, development status worrying. In order to promote the development of China's legal aid, as during the University Law in future industry should obtain the very good exercise, as a student should cultivate their sense of justice, social responsibility, to speed up the students' legal aid undertakings, to speed up their development is an inevitable requirement to promote the progress of China's legal aid.

Three.   The lack of professional guidance, Service Co.

Already mentioned above, mechanism of legal aid services student members are largely low grade students, understanding of professional knowledge and the lack of professional knowledge, not mature enough, lack of experience with, so it is difficult to improve service quality. In view of this, in order to improve the level of legal aid service, fully safeguard the interests of the parties, they must rely on the professional teachers, professors, part-time and full-time lawyer guidance. The legal aid case guidance is different from theoretical teaching, he not only requires a solid professional theoretical knowledge, but to have rich experience in practice, however, many teachers college of law are not engaged in practical work, which makes the law school many teachers can not guide the legal aid services case; at the same time, as their lawyer many cases business is busy, not enough time to come to the guide, which makes students legal aid center work is difficult to carry out.

 

In view of the existing problems in students' legal aid service, we should explore and summarize the experience, do the following work on the existing basis:

 

A,     The construction and management mode of the scientific system of

Students legal aid center is a collection of academic, public, practice in one of the legal aid service organization, organization, operation good it cannot do without robust sound rules and regulations. For example: Shandong Economic University Students Legal Aid Center adhere to the democratic centralism under the guidance, adopts the director responsibility system, establish the management mode of Science: the center consists of the Council, the Secretariat, the legal aid department, propaganda department, liaison department and research and development center; at the same time, perfect rules and regulations ("Shandong Economic University Students Legal Aid Center articles of association", "membership", "disciplinary regulations", "duty and regular system", "financial management and supervision system" etc.) largely ensures the center health, orderly operation; on the basis of inheriting the tradition, absorb and innovation, in order to make the rules deeply carry out, each of them semester will organize a rules learning, let members know their rights and obligations, to understand the mode of operation; at the same time, to enhance the member of the volunteer spirit, strengthen the service consciousness, should pay attention to the ideological and cultural construction, to"The law thinking, be happy in doing good"As a principle of service, develop service idea, strengthen the service spirit, strengthen the internal cohesion. Every time after the general election, they will face the center flags oath, sing the song of legal aid. If things go on like this, the members always set strict demands on themselves, conscientiously study and implement the central regulation, in order to ensure the rationality, scientific management.

Two,             To improve the quality of the members, improve the quality of service

       The foundation for a good operation of an organization in the organization, the steady sound regulatory system, essential for high-quality team members. In order to improve the level of legal aid services, legal aid agencies must strengthen the construction of the college students backbone, the increase in the number of members at the same time, improve the quality of membership. Actively encourage high grades and graduate students to participate in legal aid, actively carry out the discussion about "the legal aid services" , strengthen internal communication and learning, make oneself a few years since the legal aid experience teaching in the future of the legal aid services volunteers. Student assistance service should be strengthened and graduates, encourage, guide in the legal occupation of graduates to participate actively in the legal aid work;Should be strengthened and the court, procuratorate, firm cooperation, to invite some judges, prosecutors, lawyers to the guidance, explain some of case handling skills, improve the quality of the members, improve the quality of service.

Three,             Establish the institutional guarantee for college students to the legal aid services to open Easy Access

To provide legal aid for college students to participate in the rights of legal aid organizations and volunteers, through legislation to specify the legal status of institutions of legal aid services students legalization, should make clear the law science students "lawyer" identity, given the corresponding rights, such as: marking the right, the right of investigation and evidence collection, about the rights of the parties, and in in judicial practice, to provide legal safeguard. In the process of investigation and evidence collection, public security departments should actively for the mechanism of legal aid service students and students to open up the green channel service, actively help them timely, accurate information on the case, and give them guidance. In addition, should establish the students' legal aid service registration system, establish and perfect the registration procedure mechanism, which not only contribute to the development of college students to promote the real cause of legal aid, but also regulate the college students and the civil legal aid institutions in order to facilitate unified management.

Four,  Provide material guarantee (fund legal aid services to college students)

Improving legal aid service not only needs high qualified talents, also need the corollary equipment, it is necessary to have enough funds to support. We should provide the necessary places for college student, legal aid agencies, telephone, computer related books of various supporting measures, in order to make the community legal aid services to college students have enough material security, to set up a government, school, social integration funding collective system, I think, rely on the government and the school at the same time, fully the social power of College Students Legal Aid Foundation should be more, absorb the social capital to provide a stable long-term funding for students' legal aid services.

 Five, The spirit of harmony but not Sameness "promote the legal aid institutions exchange

    Harmony but not sameness as a gentleman, the legal aid institutions students are relying on "to my school, return society" spirit and founded, adhere to provide legal aid for vulnerable groups, safeguard their legitimate rights and interests. In order to improve the level of legal aid services, the legal aid institutions should be based on students provides a wide range of legal aid, and form their own legal characteristics, such as: a university priority aid object is young, the other can be women, the elderly, environment protection etc.. To provide legal aid for vulnerable groups, they exhibit a timely, efficient, professional legal aid service style, so as to safeguard the legitimate rights and interests in essence. On this basis, colleges and universities should strengthen exchanges and cooperation, mutual assistance required information on people, so that people who need help get more professional service team of legal aid services, to protect the lawful rights and interests to the maximum extent to the maintenance. At the same time, the legal aid institutions of the university should strengthen the legal aid experience exchange, based on inheriting their own traditions, learn from the advantages and strengths of others, so that their service capabilities continue to improve, the real to realize the purpose of legal aid.

Legal aid is a new thing, students' legal aid are also being explored, may present students' legal aid service also has certain difficulty, but he has great development prospects, firmly believe that the students' legal aid cause for Chinese legal aid and social harmony, stability, and orderly development of the contribute to the development of for vulnerable groups, to support for a piece of the sky not wronged.

 

Reference

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