On perfecting the construction of harmonious society from the perspective of legal aid system

Zhou Liu

(Hunan provincial Party school, Hunan School of administration of Changsha, Hunan41006)

The construction of a harmonious society is a system project, to realize the rule of law and social justice, we must all the interests of vulnerable groups to be protected, the formation of solidarity, helping the good habit of trapped, the social stability, stability and harmony. Legal aid system is a legal modern social security system, safeguard the basic human rights, safeguard judicial justice, support and care for vulnerable groups reflected, therefore is a part of building a harmonious society, its development and improvement with the construction of a harmonious socialist society.

One, the legal aid system is an important content of constructing the harmonious society

China's vulnerable groups large because of its economic poverty or legal consciousness is weak, their legitimate rights and interests often vulnerable to infringement and difficult to obtain relief, therefore, Dutch act of violence, petitions and attack the government events happened frequently, which greatly affect the social harmony and stability. To improve and perfect the system of legal aid grim reality calls.

First of all, reflect the legal aid system is the most important feature of a harmonious society of democracy and rule of law --.

The main characteristics of a harmonious society is democracy and the rule of law. Democracy is the source of the system of harmonious society, rule of law is the basic guarantee of the harmonious society. Legal aid system is the symbol of democracy, the rule of law progress. From the perspective of democratic construction, the establishment of a legal aid system is democratic politics reflected in national areas of litigation, the embodiment of a country on the protection of the citizen's rights granted by the state, is the most important that people's democratic rights. From the rule of law perspective, as the rule of law, no right to relief is an important creed. For all the legal rights, shall provide relief fully, reasonable, feasible. The essence of legal aid is the national form through the system, redistribution of legal service, in order to ensure the economic difficulties citizens equal access to legal remedies, to realize their legitimate rights and interests.

Secondly, the pursuit of the legal aid system is the core value of a harmonious society -- justice.

Social justice is the important symbol of social civilization and progress, is the core value orientation of harmonious society. Social justice requires the full guarantee every citizen's basic rights and related rights, and "the last barrier and protection of the rights of citizens is the judicial relief, if the judicial injustice, the rights of citizens will be no appeal". The legal aid system is an important means indispensable nation to guarantee judicial human rights and justice, the justice to realize social justice.

Finally, to ensure that the legal aid system is the harmonious society's basic conditions -- social stability.

Legal aid system is an important mechanism for a country to maintain social stability. A sane, healthy society is not that it will not be a problem, but that it can be timely aware of their shortcomings, and take effective measures to correct. Legal aid is a kind of such measures. Legal aid for the social vulnerable groups, can more directly, quickly found the social problems of the bottom, and passed laws to be properly solved. At the same time, the relevant departments can through legal aid channel this information in a timely manner can master all kinds of factors affecting social stability, to eliminate hidden dangers in the bud, to maintain the social benign operation, avoid social conflicts and turbulence.

Two, the legal aid system of our country to build a harmonious society and gap

Harmonious society is one that can solve the interests conflict and realize the balance of interest of the society, it requires the society must have a perfect social integration mechanism and balance mechanism. Legal aid system is such a mechanism, but there is a big gap with the requirements of building a harmonious society.

(a) the legal aid system in a harmonious society regulation mechanism of thin gaps

"The rules and order harmonic". On the mechanism of harmonious society to create, rely on a system to guarantee, system is not smooth, not smooth. Our legal aid system is flawed in many system.

One is the legal problems. The legal aid system of our country at present is only fragmentary regulations two department law and of administrative regulations of the State Council, not only lack the defect of regulation management and personnel identity issues of legal aid in social organizations, legal department, but also to make local government pay enough attention to the legal aid cause. While in a foreign country, people pay more attention to the legal aid has risen to the height of the constitution to protect.

On the other hand is the legal content of the problem. Such as "Legal Aid Ordinance" in about "economic difficulties of the standard" provisions are too general. "By the province, autonomous region, or municipality directly under the central government according to the administrative regional economy development and the cause of legal aid should be provided." According to this provision, most local government according to the local government provisions of the minimum living security standard to determine the local can accept legal aid "financial difficulties" standard, according to this standard to carry out legal aid is not reasonable, but also unfair. Because of the citizens to buy legal service is a helpless, luxury consumption, with the minimum living guarantee citizens, can only say that the basic right to life has been security, but from the purchase of legal service guarantee is far.

In addition, the current law on legal aid personnel behavior standards are too general and rough, but also the lack of clear regulations on legal aid service standards and evaluation. The legal aid system of our country also has the very big to be the perfect space in legislation.

(two) the legal aid resource scarcity highlights the harmonious social resources allocation dilemma

Harmonious society emphasizes the coordination and resource sharing. Legal aid system is the effective measures for the rational allocation of resources. From the point of view of economics, the essence Chinese legal aid system is the social vulnerable groups was originally belonging to all other public enjoy the economic, political, legal, human resources in the form of law to return them, known as the "regression of resources". But in reality, the lack of human resources and the lack of legal legal aid funds, led to our current on vulnerable people "regression of resources" can not be fully realized.

1 laws of scarcity of human resources

Our existing legal aid workers all provide legal aid cannot meet the social demand for legal aid in china. According to the legal aid center of the Ministry of justice statistics, our country need legal aid cases70Million pieces per person per year for free, if1~2A legal aid cases, National12Million lawyers can only handle12~24Million pieces of legal aid cases, even2006A sharp rise in years of legal aid case, only31.85Million. There is a big gap between supply and demand, can not meet the demand of the society.

2 legal aid funds

The shortage of funds directly influences the quantity and quality of handling. Nearly two of our country the financial allocation has greatly improved,2006The total annual legal aid funds amounted to37029.28Million, but according to legal aid cases each year more than70Million pieces of data to calculate, each case subsidies only529Yuan, is clearly not enough to pay for the reasonable expenses of a case. This is the main reason for China's the assistance received less than 1/2.

(three) permeability legal aid fuzzy understanding to building a harmonious society the concept of human

Harmonious society based on honesty is the basic characteristic, "people-oriented" is the deep philosophy. The legal aid system development and implementation of the original intention was to be, more should be people-oriented, the reality is not really the case.

First, the subject of legal aid awareness of bias. "Legal Aid Ordinance" clearly stipulates the legal aid is the responsibility of the government. This means that countries in the legal aid relationship is always the subject of obligation, have the responsibility to make the law gives citizens rights in real life is truly implemented;; and citizens in the legal aid relationship is always the subject of rights, in due to financial difficulties cannot request the judicial relief has the right to obtain legal aid. The concept of legal aid shall establish a sense of service and, as an equal, attitude to provide legal services, but it should be that this is their bounden duty to society "". But in practice, many aid is often a high posture overlooking the vulnerable groups, aid are often full of 'gift' and 'charity'.

Second, the legal consciousness of audience's weak aid. The object of legal aid is the bottom of the vulnerable people, they rarely on legal aid system know or don't know. Thus form a vicious spiral, the legitimate rights and interests of either the lack of legal protection, do not believe in the authority of law; or to give oneself over to blind emotions, to solve the problem by illegal means, for greater conflict foreshadowing.

Based on the above difficulties, to improve our country's legal aid system has become an inevitable requirement of building a harmonious society.

Three, in order to build a harmonious society is the power to promote the construction of legal aid system

Constructing harmonious society is not only the process of social history is an ongoing reality, it is a value goal. It includes both stable and harmonious, stable and higher coordination, social stability and harmony is the ideal state; it reflects fair and promote efficiency, is the unification of equity and efficiency. This put forward higher and newer requirements for the legal aid system, also provides a powerful driving force and good opportunity for the construction of legal aid system. In driving the harmonious idea, for the construction of legal aid system should make the following efforts.

(a) the consummation legal aid legislation, promote the coordinated operation mechanism of legal aid system

There is no complete legal system of legislation, legal operation is difficult to smooth. The legal aid system of our country is still at the starting stage, to legal aid, first aid law, guarantee the legal aid work orderly and efficient operation in a robust institutional framework. I think the following points worth considering.

One is the provision about the legal aid object. Inconsistency on assistance regulations in our country, some of the "territorial principle", the "principle of nationality." Under such conditions, large groups of migrant workers is easily marginalized, only to adopt the "principle of the person" and "the principle", aid agencies by the recipient's domicile or event to choose one, can effectively protect the legitimate rights and interests.

The provisions on assistance conditions. Precondition of legal aid is the recipient because of economic poverty without ability or no ability to pay legal fees. But most of Chinese farmers, city residents, the special group's ability to pay is generally weak, in order to avoid litigation and returning to happen, I think we should aid mechanism to implement the "GSP" and "preference" combination. In the underdeveloped areas, the legal service fee for farmers and city residents, the underlying legal fees and related departments to take charge of unified standards for low, especially poor farmers relief legal service fee.

In addition, the provisions on assistance "economic difficulties standards" should be practical, but also embody the "people-oriented". From the rest of the world situation, the legal aid economic difficulties standards are generally higher than the lowest poverty security standard. Such as Germany provides monthly income is only the minimum living security line of national ""2Times the people accord with the standard of economic difficulties receive legal aid. China's Hongkong region, "Legal Aid Ordinance" will be "financial difficulties" unified definition for financial resources: the annual income does not exceed14.4Million Hong Kong dollars. Shenzhen city under the local minimum living standard for the family per capita monthly income is350Element, and the legal aid economic difficulties standards for the per capita income1000Element.

(two) and fully arouse social vitality, constantly growing legal assistance team

When the vulnerable groups feel wide lawyers, legal workers, volunteers actively help and services, legal aid system will be really play a role, the society only hope into the benign interaction, healthy and harmonious state.

First of all, should fully play a central role in the majority of lawyers.

Second, we should reform the law system and judicial examination system.

Third, encourage the students to participate in the extensive law schools legal aid practice.

Finally, should be appropriate to guide, support the legal aid folk organization.

(three) ensure the funds of legal aid, legal aid funding social practice

(four) increase the propaganda dynamics, strengthen the consciousness of legal aid