Investigation and Research on the County Mutual Legal Aid Work

                                          Liu Juncai

   Legal aid is a public welfare legal system, it is the responsibility of the government, is the legal aid institution of the people's government at or above the county level shall organize the, legal services and legal aid workers, economic difficulty or in special cases the parties to provide free legal services, in accordance with the law to safeguard their legitimate rights and interests of a legal measures. It is an important symbol of national legal system construction, the progress of social civilization, the judicial justice. Do the work of legal aid is "service of scientific development, to create the environment for the rule of law, the promotion of justice, the concrete practice of maintaining security and stability", play an important role in promoting the construction of harmonious society. More than a month from August 1st I arrived in Huzhu County engaged in legal aid work, the county mutual legal aid work carried out investigations. Based on summarizing the results, on the analysis of the problems, and puts forward some suggestions and research from the perspective of Huzhu County in the development of legal aid.

   A general situation, mutual Tu Autonomous County
   
   Huzhu county is located in Qinghai Tibet Plateau, located in the northeast of Qinghai Province, north Yi Da Ban Shan is connected with the Menyuan Hui Autonomous County, adjacent to the northeast and Tianzhu Tibetan Autonomous County of Gansu province and Yongdeng County, south-east border with Ledu County, South is bounded by the Huangshui River and the county, Datong County, West, southwest and connected Xining City, county area 3424 square kilometers (5136000 mu). County jurisdiction 8 towns, 9 townships, 2 ethnic townships (Weiyuan Town, Dan Ma Zhen, Gao Zhai Zhen, Nanmenxia Zhen, Jia Ding Zhen, fifty Town, five feng Zhen, Tang Chuan Zhen Ya Zi Gou Xiang, red, Hala straight Gou Xiang, pine, Dongshan Township, East Tibetan village and township, Gou Xiang, Bayashi Kawago, Tai Zi Xiang, Xishan village, Cai Jia Bao Xiang, bazaar in Tibetan), the total population of more than 37, mainly Tu, Han, Tibetan and Hui people, among them, the rural poor personnel about 200000, rural residents more than 3 people, the minimum living guarantee for urban residents 5161 people, laid-off unemployed 1400 many people, 15736 disabled people.
   Huzhu County of high altitude, thin air, low cloud, strong solar radiation, which belongs to the temperate continental climate, drought little rain, relatively dry climate, terrain, elevation, heat resource level uneven distribution, vertical zone differences are very obvious, the temperature distribution of the overall trend is from north to south along with the elevation height reduction increased. The territory of the north and north-east at an elevation of 3000 meters above the mountain with an average annual temperature is below 0 ℃; north of the gorge, beach, Lin Chuan, East, East, and Dan Ma, fifty, Pine North, Xiang brain hill south and half brain mountain area with an average annual temperature of 0-3 ℃; Datong River Valley at the temperature of about 2.0-4.0 DEG C; between the central Weiyuan basin and a two groove shallow area with an average annual temperature of 3.0-4.0 ℃; southern Huangshui River Valley and red Ya Zi Gou, ha straightened ditch, Sha Tang Chuan in the lower section of the most warm, area, with an average annual temperature of 4.0-6.5 ℃. Throughout the years in summer (6 to August) air temperature was the highest, 17-10 ℃; the spring (3 to May), autumn (9 to November) times, 10--5 ℃; winter (12-2 months) minimum, -5 ℃ --12 ℃. The changes in each month in the spring, autumn is the most intense, during this period the monthly temperature in 5 ℃ above, early in March heating at 7 ℃, the cooling of the November most rapidly, all can reach 7 ℃ -8.0 ℃. In two seasons temperature are stable, inter month temperature is less than 3 ℃. Plain water, shallow area March temperatures were mostly up to above 0 ℃, April and February October at 3 ℃, 5 to September in Weiyuan town water and the shallow area more than 10 ℃, the other months are in 0 DEG C. The annual average temperature of 3.4 ℃. The monthly mean temperature difference is 14.4 ℃, the monthly mean temperature difference of 25.4 ℃. Late spring and early summer appear frost called late frost, appeared in late summer and early autumn frost called early frost. Huzhu county around the frost usually end in mid May --6 month, North and south a month apart, early frost in mid August to mid September, the north and the South has a month apart. Throughout the night, early frost occurrence time, general and daily mean temperature by 10 ℃ initial stability, all similar, frost free period from Sichuan water area south of the northern mountain area gradually to the brain can up to 140 days, southern, northern brain area is only about 65 days, some places do not even have the vast of frost free period. The annual average frost free period 112 days, the longest in 1975, up to 133 days, the shortest was in 1978, only 103 days. Early frost has little effect on the river water, shallow mountain area. But brain mountain, half brain mountain area, the heat conditions, early frost appear earlier, individual years or even appeared in the 7 months late, it has great influence on the brain, mountain and half brain low mountain area. The northeast wind direction to mutual aid, followed by the southwest wind. Annual average wind speed of 1.4 m / s.. The wind in spring, four or five in average wind speed 1.7 m / sec. More than 8 of the gale days, annual average of 4.4 days, number of years of gale days up to a maximum of 9 days, at least for the year 1 days. The sandstorm days less, annual average 0.5 days, up to years of sandstorm days for 2 days.
   Huzhu county is rich in mineral resources, has found 40 varieties, 139 deposit, the metal minerals, iron, manganese, copper and other 7; building materials and non-metallic majority, mainly coal, Glauber's salt, iron, sulfur, phosphorus gypsum rock gold, white, Yun Yan, clay, limestone, andalusite, Xuan Wu Yan 29; fuel minerals include coal, oil shale and other minerals. At present, there are mining coal, iron, limestone, gypsum, sulfur.
   In 2008, the county GDP completed 3021000000 yuan, of which, the added value of 807000000 yuan in the first industry, the second industry added value of 896000000 yuan, 1317000000 yuan added value of the third industry. Disposable income of urban residents 10660 yuan, per capita net income of farmers 3373.66 yuan.

   Two, mutual status County Legal Aid Work

   In accordance with the mutual governance (2000) No. 78 document "Huzhu Tu Autonomous County People's Government on the establishment of mutual aid County Legal Aid Center replied", Huzhu County Legal Aid Center was established in 2004 June, the preparation of 4, is responsible for organizing the implementation of the legal aid work, and in accordance with the "Law Aid Ordinance" responsible for the coordination, guidance, supervision lawyers, notaries, grassroots legal service, legal aid workstation of the legal aid work. Legal aid and service to the vulnerable groups of society, safeguard the legitimate rights and interests of the social vulnerable groups.
For the convenience of the masses, the legal aid network in each township to justice as the basis, 4 community, county women's Federation, commission, Federation of trade unions, Communist Youth League Committee, bureau of employment, Federation of the disabled has established 29 legal aid workstation, and in the county judicial building set up legal aid reception hall, and the creation of a legal assistance hotline in the County Legal Aid Center, the horizontal to edge, vertical in the end system to mutual aid County legal aid network, expand the poor, weak economic, legal aid channels disabled.
   In the configuration of the legal aid staff, County Bureau called on all staff to participate in the work of legal aid, the county has 36 employees, including 4 registered lawyers. Preliminary formed by the legal services lawyers, grassroots workers (including the township judicial institute), notary, administration department (room) the staff and other social members formed legal assistance team.
   According to the "Regulations of Qinghai province" the regulations of legal aid, legal aid benefited range gradually expanded, at the end of 2007 6 to 2009, the county a total of 561 cases for legal aid, among them, 305 pieces of civil litigation, criminal defense 8 pieces, 6 pieces of administrative litigation, non litigation mediation 242; answer the legal advice (including US) more than 6800 people. Recipient number 12100 much people, among them, 21 disabled people, 358 minors, 186 elderly, migrant workers 3231 people, the social vulnerable groups through legal aid implementation of the law of rights. In order to further expand the recipient scope, opened the migrant workers legal aid Easy Access, taken a number of measures to provide legal aid to migrant workers; the marriage family conflicts, land contract, land expropriation and demolition compensation disputes and other rural disputes into the scope of legal aid, and gradually expand the coverage of legal aid in rural areas. For the difficulties of the masses to the recipient, relaxed the difficult economic review, the economic status review to take on the width is not strictly, in accordance with the minimum living security line appropriate broke surface principle, for assistance to low income population and other economic difficulties disabled, elderly, migrant workers from difficult economic review, make more economic difficulties people share to legal aid relief and help.
   In order to improve the legal aid work, bureau of justice as the legal aid center provides temporary Street office reception hall, as the legal aid service window; in the Office installed legal assistance hotline, equipped with the computer, printer and fax machine, with the data of the office conditions. Legal aid center to improve and perfect the "legal aid case review", "case", "examination and approval system of archives management system", "to inform the recipient right and obligation system" and "difficult cases of collective discussion system" and a series of rules and regulations. Thus, in the hardware and the system is to protect the legal aid convenience, open, fair, orderly development.
   In order to strengthen and standardize the legal aid work, adopted and published the "Qinghai province" Legal Aid Ordinance of Qinghai Provincial People's Congress Standing Committee, Qinghai Provincial People's government agreed to the judicial department "on the implementation of" Legal Aid Ordinance > and do the legal aid work in our province opinions ", Qinghai Province judicial department to develop a" certain provisions of the legal aid work in Qinghai province ". In addition, the Qinghai Provincial Department of justice and the Qinghai Provincial Higher People's court jointly formulated "for criminal defense cases specified legal aid regulations", and the women's Federation of Qinghai Province jointly formulated the "Qinghai Province Women's legal aid work way", and the Communist Youth League Committee of Qinghai Province jointly formulated the "Qinghai province juvenile legal aid work way", and Qinghai province disabled Federation jointly formulated the "Qinghai province disabled legal aid work way", and the Qinghai Provincial Federation of trade unions jointly formulated the "Qinghai Province workers legal aid work method", and the Qinghai Provincial Department of Finance jointly formulated the "Qinghai Province, the legal aid fund management approach" and "on the adjustment of the legal aid fund the standard advice". Haidong district administrative office issued the "on the issuance of notice" to further strengthen the Haidong district legal aid work, Huzhu County Bureau of justice two 00 eight years in October 6th to develop a mutual company word (2008) No. 93 "on our county legal aid grants, subsidies standards and the management advice". The legal aid of local laws and regulations and normative documents, providing institutional guarantee for developing legal aid work, and create a favorable policy environment.

   Three, mutual existence County legal aid work problems

   Huzhu County Judicial Bureau conscientiously implement the "Legal Aid Ordinance", firmly establish the socialist concept of rule of law, adhere to the people-oriented, for the maintenance of the legitimate rights and interests, promote social equity and justice, to make a positive contribution to the maintenance of social harmony and stability. In the legal aid work further implementation and development, while there are also some should be improved and the problems to be solved:
   (a) lawyer talents resources can not meet the growing demand for legal aid
   China's constitution stipulates: "the people's Republic of China to implement the rule of law, building a socialist country ruled by law." Judicial and administrative departments to vigorously publicize laws, civil laws and policies of the state, make the citizen's legal consciousness enhancement. Especially in 2007 4 month 1 day of promulgation of the State Council "legal fee paying means", from a cost reduced the threshold for prosecution of civil litigation, the sharp increase in cases of. Huzhu county is the three national poverty county, long history and geographical environment, economic development level is not high, the per capita income is low, especially in mountain area farmers' life more difficult, many people in need of legal aid, the more developed the demand of legal aid to larger area. Full-time County Legal Aid Center staff has 3 people, of which only 1 people with lawyer qualification, suit the need of legal aid to the end of the year may exceed 300. The supply and demand contradiction between the legal aid lawyer engaged in human resources and increasing legal aid actual demand more prominent.
   (two) lack of funds of legal aid work
   Huzhu County Bureau of justice in 2009 "about the use and management of legal aid case funds to self-examination report" Haidong Prefecture Bureau of justice report: "one, in 2008, issued a legal aid case funds totaling 90000 yuan, of which the central subsidy is 45000 yuan, Assistance Grant County Bureau of finance supporting is 45000 yuan. I board in accordance with the "measures for the administration of the use of funds management requirements of" legal aid in Qinghai Province supervision of the county Aid Center right use of aid funds. Two, in 2008 a total of 265 cases (for all kinds of criminal 3 pieces, 94 pieces of civil litigation, non litigation 87), according to the Department of justice, finance hall "on the adjustment of the legal aid funds standard opinion" should be 106260 yuan subsidy. (the civil 94 * 600 = 56400 yuan, criminal, non litigation 90 * 500 = 45000 yuan, notarization 81 * 60 = 4860 yuan) for the funds can not be paid in full, the bureau decided to study the relevant subsidy project to reduce the standard grant, namely, civil litigation, criminal cases, according to the standard for notarization grant (94 * 600 = 56400, 3 * 500 = 1500, 81 * 60 = 4860), civil non litigation cases according to every 300 yuan subsidy (87 * 300 = 26100), a 29 by 30 yuan subsidy (29 * 30 = 870), a total of 89730 yuan in subsidies for." The local fiscal funds, guarantee system is not in place, the amount of funds and the actual demand of legal aid has the very big disparity, the original provisions of the legal aid funds cannot meet the current difficulties of the masses demand for legal aid, to a certain extent affected the legal aid work.
  (three) to improve the quality of legal aid cases
   Factors influencing the quality of legal aid cases in Huzhu County, but in this two kinds: one is the identity of legal aid team personnel mixed. Legal aid lawyers work due to shortage of talent, the Bureau of justice of the mobilization of the entire staff to participate in the legal aid institutions, civil servants, business leaders part-time work of legal aid, and other properties such as the basic legal workers and volunteers to participate in the work of legal aid, the identity of legal aid staff hybrid. Because the job of staff of each are not identical, the lack of stability of legal aid staff, a general lack of systematic training, failed to achieve the specialization, the overall service quality should be improved, can not fully meet the requirements of the quality of handling legal aid work. Two is the lack of funds of subsidies in place. First, the legal aid fund is the basic guarantee of legal aid. Along with the rising number of legal aid cases, coupled with changes in the market, prices rose, the original provisions of the aid cases standard of subsidies has been unable to protect the legal aid staff to handle the legal aid case by the expenditure of traffic, communication, printing, accommodation and other expenses. Because the funds payment is not timely, not in full, pay channel is not smooth, the legal aid staff as a mere formality phenomena exist in legal aid cases, undertake the work muddle with one's duty, work is not careful, even the evidence not neat, have a direct impact on the quality of the case. Secondly, the subsidy is an important content of the legal aid fund. From mutual aid County 2008 year legal aid cases subsidy standard (civil litigation subsidy of 600 yuan, 300 yuan subsidy cases of non litigation mediation) to analyze, the subsidy standard grant project cases of non litigation mediation is obviously lower than the "600 yuan subsidy standard management approach" to use the legal aid funds in Qinghai Province, the provisions of article sixth. Therefore, the legal aid staff in order to obtain the high standards of the subsidies, in handling legal aid cases on legal aid is vague, the negotiation process of legal aid cases do not organize consultation between the two sides are sued to the court in civil proceedings, largely restricted to the legal aid staff mediation function, a direct impact on the efficiency and quality of handling cases increase.

   Four, further strengthen mutual aid County Legal Aid Work suggestions and research

   To implement the spirit of the party's sixteen sessions of six CCP plenary conferences, Huzhu County legal aid work has played a positive role in practice, has made many achievements, but still exists, this or that problem, so it is necessary to gradually improved in practice. In view of the current situation of Huzhu County legal aid work, the actual development of Chinese legal aid system, make some suggestions and Countermeasures for the further development of the research on mutual aid County Legal Aid work.
   (a) to strengthen the construction of legal aid and professional quality training
   The sixteen session of the six plenary session of the "on the construction of socialism harmonious society certain major issue decision" proposed "to strengthen and improve the legal aid work" requirements, and strengthen and improve the legal aid work, cannot do without a legal aid staff be trained with regularity. High quality legal aid services itself requires high-quality legal aid resources. The establishment of a high-quality legal aid staff team, regardless of what kind of operation mechanism, must be politically qualified, excellent style, business skilled, efficient operation as the access conditions. But it is necessary to pass strict examination, examination procedures, determined to enter the staff of legal knowledge and practical ability. Also can improve the employment mechanism, improve the professional legal aid staff treatment (including staffing, salary, welfare), with favorable conditions to attract more legal occupation qualification of professional talent into the legal aid institutions. legal aid to the existing personnel, can take lectures, case analysis, discussion, exchange of experience, further, the necessary legal knowledge and to engage in legal aid work skill intensive training and education, occupation morals, outstanding professional discipline education and reception, handling skills training, enhance the legal knowledge and practical legal aid job skills and qualities of service, strengthening of the legal aid staff.
   (two) to take effective measures to solve the multi channels of legal aid funds shortage
   The necessary funding is the existence of the legal aid system of material security. Not enough funds, legal aid work can not be normal development. Although the State Council "Legal Aid Ordinance" provisions of section seventh and third, "Qinghai Province, the Legal Aid Ordinance" in article fourth, provides a clear legal basis for financial security problem solving legal aid development, but at present, the legal aid funds are shortage is an indisputable fact. To solve this problem, we can not simply rely on the central and local financial input, must complete mechanism, increase the propaganda, multi-faceted, multi-channel to raise funds. The specific measures: first, coordinate with relevant departments to communicate with the people, the Ministry of justice, Republic of China Ministry of civil affairs, the Ministry of finance, the Ministry of labor and social security, the Ministry of land and resources, the Ministry of construction, Ministry of health, the State Administration of industry and commerce, the State Archives Bureau jointly issued "on the implementation of" Legal Aid Ordinance > to solve the difficulties of the masses litigation difficult issues ", reduce the cost of evidence. Second, the legal aid staff for legal aid cases by the expenditure of travel, printing fees, transportation fees, investigation and evidence collection fees, should be based on "the Supreme People's court, the Ministry of justice on civil legal aid work of joint notice" seventh rules, listed in the recipient's claims, the people's court according to the specific situation of judgment shall be borne by the losing party non recipient, executed by the recipient to return the legal aid center. Thirdly, it shall implement the "notice" the Ministry of justice on legal aid in the provisions of article eighth, the recipient and get more benefit for solving need aid cases or matters, shall pay the service fees to the legal aid institutions. The support of civil cases in the litigation parties, after the end of the total funds, from his win, service fees paid according to the legal standard of service charges to the legal aid center, as the support of national legal aid funding for the development of. In order to ensure that the provisions are implemented, you can reference the practice of Hongkong "legal aid programs", by the recipient to receive legal aid at the same time, signed the letter of commitment, indicates its willingness to pay a certain proportion in favor of the legal aid center in profit after service cost. Fourthly, according to the provisions in the second paragraph of the "Legal Aid Ordinance" seventh and "Legal Aid Ordinance" of Qinghai Province in fourth, the mobilization of enterprises and institutions and individual economic conditions good for legal aid contributions, as a supplement to the legal aid funds, strengthening the legal aid funds safeguard. So, in order to better meet the needs of the poor masses of legal aid.
   Huzhu County legal aid system has developed to some extent, but there are many difficulties, pressure, is a long way to go. We should establish and perfect the legal aid system still need to continue to study, explore and practice. In future work, and actively report to the supervisor, reflect the difficulties and problems encountered in the development of the legal aid work, strive for the understanding, leadership attention and support; strengthen the team construction of legal aid and service quality training, slow the contradiction between supply and demand of legal aid solution under the new situation to a certain extent, improve the legal assistance team political and professional quality, to ensure high quality of legal aid services to high-quality team, so that the poor people to get high quality legal services, the legal aid really become the embodiment of the party and the government care for vulnerable groups of the "popular project", and earnestly safeguard the legitimate rights and interests of the poor, and make due contributions to the creation of the harmonious cooperation, the legal aid cause be promoted to a new height.