On legal aid and the petition, the people's mediation andCohesion and coordination of judicial assistance

Yuanyang County Legal Aid Center    Zhu Rongwei

Legal aid and the petition, the people's mediation and judicial relief together constitute our current social system to resolve the outstanding contradictions and disputes, safeguard social fairness and justice of the main channel and the main form, has a large impact, difficult to resolve these contradictions, time requirements of disputes or event, a little careless, easy to contradictions. Especially in recent years, and showed a strong professional (solve the problem with high theoretical level and rich practical experience, and has a great looking for new problems), comprehensive (trans regional, cross sectoral, cross industry, cross business, instructions, investigators who have extensive knowledge and experience), diversity (case handling means and methods for handling with diversity) and other new features, these features we can not rely on the door, in the legal aid work case, handling of the bureaucratic style of work to solve the problem, can not engage in singles, but rely on departmental interaction and mutual cooperation, act with united strength to resolve contradictions and the dispute, in order to reflect the social fairness and justice. Therefore, I think it should construct the legal aid and the petition, the people's mediation and judicial assistance of cohesion mechanism, with the lowest social cost, the highest social efficiency, channel, solve the problem most expedite the fastest case (thing) protection measures and means to guarantee the speed, the most fair to timely disputes, in accordance with the law, a reasonable solution to existing problems, and nip in the bud.

One, establish the interactive mechanism perfecting legal aid and petition

The problem is the problem of Chinese characteristics, but also at all levels of government and

The relevant departments to be kept constantly on the run and headache problem, according to incomplete statistics, which involved law problems about petition cases about 50%, this one if you can successfully resolve, will give the government at all levels to reduce a lot of pressure, but more importantly, be fully protected conducive to social stability, when the thing person rights and interests and social the realization of fairness and justice, is conducive to the progress of the rule of law. Then, from the legal perspective, how to make a useful contribution to resolve the complaint cases? I think we should setting up an interactive mechanism between the two, i.e.:

First of all, we should set up legal aid publicity card or brochures in institutions and governments at all levels, the local legal aid institutions, lawyers aid, assistance accepted office address, contact point for publicity. Conditional place, can establish aid lawyer duty room, convenient acceptance involved law aid cases, a one-stop deal for business. Participation and interpretation, interpretation and processing.

Secondly, the petition agencies at all levels promptly send batch transfer involved law aid cases, as soon as possible and make it into legal channels, the legal aid institutions from the review of economic difficult cases, can be accepted, the direct acceptance.

Once again, the petition agencies at all levels promptly invited aid lawyer jointly with the other relevant departments to participate in major, difficult petition cases review, discussion and decision-making, legal aid agencies should be assigned to high level, experienced lawyers participating.

Fourth, have a great impact on the local, the group or public welfare law and petition cases, legal aid agencies to take, take the initiative, to prevent the intensification of contradictions, nip in the bud.

Fifth, the legal aid institutions, the institutions involved in duty, wages or welfare treatment case of a lawyer, and give convenience to assist the work of.

Two,Establish the linkage mechanism and perfect the legal aid and the people's mediation

The people's mediation is to prevent and resolve contradictions and disputes, the first line of defense, only this defense hold good, social contradictions and disputes in order to reduce the total. Therefore, legal aid is necessary in this line with the people's mediation efforts to establish linkage mechanism, in order to receive the good social effect and legal effect.

First of all, we should establish the legal aid network connection with people's mediation network, establish two party information sharing mechanism.

Secondly, improve the county, township legal aid receiving point and workstation business docking linkage, straighten out the relationship between inside and outside approval mechanism, improve work efficiency, should aid to make aid. At the same time, we should establish and perfect the 148 linkage mechanism, combined with the uniform acceptance of jurisdiction.

Thirdly, legal aid and the people's mediation in order of priority, difficult and easy handling, various levels in guiding cases, joint case handling and other forms of combining together, battle fort action disputes, safeguard and strengthen the first line of defense.

Three. Establish Easy Access sound legal assistance and judicial assistance.

Judicial relief is the prosecution, trial and judicial organs have taken on the difficulty of reducing the burden, the waiver, relieving the poor, economic assistance and other judicial measures, his target and legal aid service object is the same, therefore, it is necessary to build a barrier free Easy Access in between the two, namely the law with the aid of judicial relief to the identity of the parties, conditions, review carried out an inspection, check does not check, the results of the review of general, mutual recognition, no longer increase the trouble, as of accepting the case, salvage or assistance basis, this can avoid a hand claps not ring, relief aid to the two layer of skin, problem solving there is not complete, the parties are not satisfied with the situation still fall. In addition, legal aid agencies and judicial assistance institutions should attach great importance to the other party by case, want to parties are thinking, fully protect the legitimate rights and interests of the parties, as soon as possible in accordance with the law for the relevant matters to embody the rule of fairness and justice, not only to eliminate the unfair and unjust, it is also necessary to prevent late fairness and justice, and only in this way, can we reduce the contradictions and disputes fundamentally, reduce the social public judicial unfairness question, to purify social atmosphere, establish a good social image of law enforcement for the people.

In short, the legal aid and the petition, the people's mediation and judicial relief should be connected, complement each other, mutual promotion of organic systems engineering, therefore, should establish a cooperation, coordination mechanism, in order to achieve social fairness and justice, promote the continuous progress of the rule of law in china.