Present situation and Countermeasures of legal aid work Foshan City

   The main types, legal aid cases

   Our legal aid cases mainly concentrated in the labor dispute, the traffic accident damages etc.. In recent years, the city accepted in legal aid cases, belong to the labor dispute types accounted for about 40%, traffic accident and personal damages type accounted for 20%, other types of about 40%.

   (a) a labor dispute.Labor disputes accounted for a considerable proportion in the legal aid cases. If not in accordance with the regulations, require workers to work overtime, and not pay overtime wages; not complying with the provisions to not buy social insurance for migrant workers; employment of illegal collection deposit and terminates the labor contract law does not give the economic compensation etc.. The main types of cases include: (1) the wages or payment, engineering disputes. In recent years, with the social transformation and the adjustment of economic structure, some enterprises, the main industry of the ceramic industry as our city, because of rising production costs, a serious loss of business, appear deduction, default employee wages, raw material suppliers, equipment rental and other problems, even some illegal operators debt escape, and some are even collective wage dispute. (2) dispute the identification and compensation of occupational accidents, occupation disease. In recent years, all kinds of an increasing number of enterprises, especially private enterprises and foreign-funded enterprises, and the majority is manufacturing enterprises, large amount of labor employment, in the production process, some enterprises and the excessive pursuit of profits, not pay attention to employee working environment and working conditions, will inevitably happen accidents and occupation disease.

   (two) the dispute of traffic accident damages.In recent years, on one hand because of the number of our vehicle rapid growth, road traffic overload operation; on the other hand, due to the construction of large Foshan, economic growth, a large number of migrant workers into the city, many migrant workers are not familiar with the city traffic rules, traffic safety awareness, so the traffic accident increase greatly, and many migrant workers in the body occurrence, in the cases of traffic accident damages sustained multiple, high volume.

   (three) the family marriage disputes.The city has been highly developed private economy is known, the growing prosperity of the commodity economy, the relatively frequent personnel flow, proposes the stern challenge to family and marriage, bigamy, keep a mistress, a mistress and so on have occurred. In 2006, 2007, 2008, marriage and family disputes accounted for the entire civil legal aid cases respectively 7.4%, 12.93%, 11.69%.

   (four) the rural collective economic organizations sharing disputes.Foshan rapid economic development, urban and rural integration process quickly, rural collective economy expands ceaselessly, the area a year would be more or less dividend villagers, some villagers basically is to rely on the annual dividends to maintain life. But many villagers committees by profit driven, in the formulation of "village", don't let the married women, married men, accelerated households (including veterans, did not find a job after graduation and back to the village college students, their interpretation personnel), the old man to remarry and new population dividend; in the South Village, some of the original go to the countryside of the educated youth and children, private to public teachers and children, build Guangfo Expressway "competition" of the staff have asked "non agriculture", enjoy the villagers share dividend treatment etc..

   (five) the land requisition compensation dispute.With the Foshan city industrialization, and industrialization of agriculture accelerating pace, in order to meet the needs of market economy development, the government a lot of rural collective land expropriation, the part of farmers losing land. Taking Shunde district as an example, the 1993 Shunde land area of 561000 mu, while in the 10 years to 2003, arable land for development and construction and expropriation of a total of 109000 acres. Although the government has done a lot of work in the resettlement compensation for landless farmers in rural areas, but due to various factors, the security of landless peasants is not perfect. The amount of compensation of land expropriation is lower, at the height of the economic development of the region, the capital of regeneration capacity and cost effectiveness is very high, can not let farmers maintain a normal life, resulting in land requisition compensation dispute.

   Two, citizens of the awareness of legal aid

   In recent years, the our city legal aid agencies at all levels in the judicial administrative organs under the guidance of the law, and actively carry out the "six" activities. The use of holidays to send the law into the countryside, into the staff village; via newspapers, television, Internet and other news media, increase the propaganda of legal aid, legal aid can greatly improve the awareness rate. In the survey, 66.58% of the migrant workers heard of legal aid, but the specific functions of legal aid agencies, legal aid application procedures do not understand; some farmers to habitat for legal aid vague knowledge, or have a superficial knowledge of. We learned from the research, the majority of people is a violation of their legitimate rights and interests, to the relevant departments to solve the problem, such as to the court, to deal with traffic accidents and traffic management departments of public security, the court, the traffic police department, the petition or other government departments informed to legal aid institutions; one part is by fellow through the news media, such as television, newspapers and other know; others find 114 phone just know.

   Analysis of three, the demand for legal aid

   (a) to produce conflicts and disputes in agricultural.Our city farming to residence as just in from the country to the urbanization, industrialization process, many problems have not been solved, there is a legal requirement in a large number of real life. In addition to the daily had higher rates of divorce disputes, traffic accident disputes, and land, agricultural land, the land dispute also occupy a certain proportion. Object has the demand for legal aid mainly include: single mother, divorced alone raising children alone married women, children (female) without life rely on older people, with no source of the disabled and so on. They often do not have a stable income, no fixed abode, and some have to raise their children, care for the elderly; some because the age is older, has been partially or substantially lost labor ability. They not only economic hardship, survival difficult, but also for handling disputes, safeguard the legitimate rights and interests of infringement and run to and fro. They have a large demand for legal aid, the conflict between the number engaged in legal aid workers and increasing the legal aid services demand is becoming more and more serious.
    (two) migrant workers labor dispute.Recovery of the labor remuneration, inductrial injury accident compensation, illegal remove labor contract, a labor dispute more occurred in the migrant workers who. Migrant workers and cultural level is generally low, migrant workers in our city 76.73% only junior high school the following (including junior middle school) education, some even are illiterate, they work mostly low income and a certain occupation risk, in them more prone to accidents and occupation disease; and because there is no easy to find a job, so in the face of unfair treatment by employers, they can only swallow insult and humiliation silently, and thus produce more labor disputes. For example, knowing that employers do not sign labor contracts with their own, migrant workers can only accept; knowing that the employer has not to buy their own insurance, also dare not ask; but because migrant workers lack of legal knowledge, legal skills and all kinds of social resources, in a weak position in the society, not only cannot or is difficult to master favorable evidence, but cannot afford the litigation or arbitration, the time loss of money loss and mental torment. These weak characteristics of migrant workers determines the migrant workers once the legal disputes, most of them need legal assistance. Migrant workers are generally low income realities decided they must demand for legal aid; even if the original high income, but in the face of high medical expenses and legal costs, these migrant workers also need legal assistance. As long as the legal aid money and human resources, and continue to lower the threshold of legal aid, must meet the more migrant workers demand for legal aid.

   In four, the legal aid organization

   The city's existing legal aid institutions 6, branch 27. The Foshan City: the branches of 9 (total union workers legal aid department, Foshan city Foshan prison Legal Aid Department, Foshan library legal aid advice, Foshan Municipal Department of legal aid rights and interests of women and children, Foshan municipal City Hall people visiting the legal aid department, Foshan Municipal Department of legal aid in elderly patients the Ministry of Youth Rights, legal aid department, Foshan city Foshan city military related legal aid department, Foshan migrant workers rights protection center). Chancheng District, the branches of 4 (Foshan legal aid Chancheng area of women's and children's rights, Foshan Chancheng legal aid office general labor union workstation, CPC Chancheng Committee people's government the people visiting the legal aid department, Chancheng District 95026 army military related legal aid workstation). Nanhai District of the branches of 7 (Nanhai District military related legal aid service department, Nanhai District difficulties workers legal aid coordination committee, the Legal Aid Department of Nanhai District Women and children's rights and interests, legal aid at the Department of Nanhai District, the rights and interests of the elderly, the Legal Aid Department disabled person law workstation, Nanhai District Nanhai District Legal Aid volunteer team of volunteers Yuan Yuan Gong Cun, Guicheng science and Technology Legal Aid Advisory Station). Shunde District, the branches of 4 (Shunde district military related legal aid services, legal aid, legal aid Shunde District Office, Shunde District Department of the rights and interests of women and children's rights, at the Department of the Shunde area workers rights department). Gaoming District, the branches of 2 (Gaoming Gaoming District Legal Aid Department of women's rights, the rights and interests of the elderly District Legal Aid Department). Sanshui District, the branches of 1 (the Legal Aid Department Ministry of Sanshui District, rights and interests of women and children).

   Have independent office city, District Legal Aid Department, equipped with a computer, telephone, fax machine, copier, printer and other modern office equipment, Nanhai, Shunde City, the office area is also equipped with a car. Legal aid city and district office staff of 43 people, city, district legal aid existing staff of 43 people, 17 people full-time lawyer. All legal college degree or above, undergraduate course school record 32 people, graduate student 4 people, personnel quality, a higher cultural level, ability to work independently. The lawyer has higher legal knowledge, have the ability to independently carry out litigation and non litigation legal affairs.

   Five, the legal aid work

   (a) the legal aid institution of legal aid cases.In recent years, city, District Legal Aid Department has taken a number of convenience measures to promote the legal aid work. One is to strengthen the legal aid institution building. In the city of 32 town (street) legal aid workstation has entered the standardization construction phase, there are 754 villages 568 villages in the village (neighborhood) committee set up legal aid contact point, add a legal aid liaison, will extend the legal aid work mechanism to the village (neighborhood), to facilitate the masses nearby consulting and to apply for legal aid.Two is to strengthen the legal aid of propaganda, to expand the awareness of farmers for legal aid. The legal aid agencies at all levels use holidays to actively carry out the "sending law into the village home" activities, the Organization Department of legal aid and public the lawyers into the village to carry out outdoor legal advice, promotional activities, the village bulletin board posted legal aid publicity information, expand the influence of legal aid. Three is to lower the threshold of legal aid, expand the recipient side. In recent years, our city to take measures to reduce the economic difficulties many times review of legal aid standard, the standard of economic hardship line family income is lower than the minimum living security line local, relaxed to the family income is lower than the minimum wage standard. From 2005 November onwards I municipal and district legal aid institutions according to the provincial government on the "adjustment of our province enterprise workers the minimum wage standards notice" to adjust. In April 1, 2008, according to the relevant documents, the minimum wage in our city from 690 yuan / month to 770 yuan / month, my city and district legal aid agencies to make the corresponding adjustment, will apply for legal aid standard difficult economic review, from 690 yuan per capita per month to 770 yuan / month, greatly reducing the acceptance the threshold of legal aid, the difficulties of the masses in the face of expansion. In addition, the migrant workers (migrant workers) to apply for legal aid development Easy Access. To meet the conditions of legal aid, simplify procedures, rapid processing; to pay labor remuneration, work-related injury compensation, major traffic accidents (death or serious injury) to apply for legal aid, from economic status review. On the other hand, I also actively explore more concentrated in the enterprise employees, migrant workers migrant workers legal aid village set up studio or points of contact. In 2008 the city's application for civil legal aid has 1231 pieces, 1230 pieces of approved, the success rate for 99.9%; 1316 applications for criminal legal aid, all approved, the success rate for the 100%. In 2008 the city's total for legal aid cases 2551 cases, the recipient masses 14240 people, including 1316 criminal cases, civil cases, administrative cases 5 pieces of 1230 pieces. Four is to strengthen and public security, trade unions and other relevant departments cooperation. Such as communication with the civil affairs departments, sharing their resources, as belonging to the agricultural reform difficulties of the masses living grant legal aid convenient contact card, certificate from the state of the economy. Strengthen communication and labor and Social Security Bureau, supervising the employment units, standardize the employment system, improve the labor contract signing rate, from the system to maximize the protection of the legitimate rights and interests of migrant workers. In addition, also actively coordinate with the court, do a good job of convergence of judicial assistance and legal aid.

   (two) the town (street) legal aid workstation set up and work.In the city of 32 town (street) generally rely on Judicial Institute established legal aid workstation. In the part of the village (neighborhood) committee, the community set up the working point of contact, hire the work liaison, through them to understand and grasp the grass-roots demand for legal aid, the legal aid tentacles extend to the most grass-roots.

   In 2005 July the Municipal Judicial Bureau formulated the "Foshan town (street)" legal aid workstation management methods, properties, on legal aid workstation main responsibilities, work procedures, standardization construction requirements have made specific provisions, effectively promote the local legal aid work specification in our city and orderly development. Municipal People's government issued the "City Hall CPC Committee Foshan Foshan opinion" on the further strengthening of the legal aid work in our city in 2006 6 month, put forward new and higher requirements on the construction of town level legal aid workstation. Chancheng district has been in accordance with the "opinions" requirements by the District Board issued a document, solve the town level the workstation account establishment, equipped with a full-time legal aid workers and other issues; Nanhai District Xiqiao, Guicheng Town, street legal aid workstation has the funds included in the budget.

   Six, the funds of legal aid

   I'm two levels of finances will legal aid funds into the financial budget at the same level. Part of the town streets such as 8 town of Nanhai District in 2007 (street) 8 Legal Aid workstation or in single or with the other funds tied up way, will all legal aid workstation funds included in the budget at the corresponding level. But some underdeveloped areas such as smart, legal aid workstation needed funds are not included in the fiscal budget at the corresponding level.

   Seven, the legal aid work problems

   There are legal aid work the problem of our city are widespread, such as: the basis of legal aid work in rural areas is relatively weak, the relative lack of professional personnel, can not fully meet the rural residents and migrant workers legal aid demand; rural residents and migrant workers legal consciousness and legal consciousness is weak, restrict some people get legal aid; legal aid, people's mediation, to resolve the petition and other effective integration has not obtained the rural social contradictions means. From the research, we found that the existing legal aid work of our city is the main problem:

   (a) the legal aid work in rural areas there is a contradiction between supply and demand.Generally speaking, the more economically developed areas, more and more migrant workers will have, the demand for legal aid work in the rural areas will be greater. At present, because the level of economic development is not balanced, gap, between regions, the demand for provincial legal aid and regional difference is very big. As Foshan, more than 70% of the recipients are migrant workers, so in this part of the migrant workers home, the demand for legal aid is passed on to the Foshan. So on the one hand is the legal aid in economically developed areas in short supply, the legal aid institutions in some areas, but useless, not essential, so we think that the legal aid institutions according to census register population calculation is very unreasonable, because like the Beijing Tianjin Tangshan area, Yangtze River Delta and the Pearl River Delta region, the 70% object of legal aid is the migrant workers, resulting in legal aid the grass-roots staff in these areas be kept constantly on the run, which leads to legal aid. The agricultural reform in the reform of Foshan soar, there are many problems to be solved, all kinds of social security, social welfare and no benefit to every citizen, in the following minimum wage line of the poverty population in the city there are a considerable number of legal aid, so has demand considerable, and legal aid may itself to solve the problem and is limited, some even after the legal aid, to win the case, but not to the implementation of the cases also many.

   Two.Some of the work of legal aid still need to be perfect.The satisfaction of the legal aid work is actually received by their practical decision. They will not because the undertaker is satisfied with the case of due diligence, generally depends on their expectations of the case itself, can achieve the expected value is satisfied. At present our city people work on legal aid or overall satisfaction. But there are still some problems must be resolved. Such as: (1) the legal aid program is too complex, difficult to apply for the party. According to the "procedures" provisions of the regulations of legal aid, legal aid from application to litigation, the fastest also requires the parties to the legal aid institutions 3, namely the application, examination and approval decision, signature confirmation lawsuit sign. Because of the rural masses culture level is not high, they apply for assistance in the event of disputes, often can not be a time to submit complete materials required, thus increasing the number of round-trip legal institutions. And, at present our city some district case approval is still not to the town (street) station, handle the relevant formalities need the person concerned to the place, the road is far, also added to their difficulties. (2) the individual lawyers that undertakes the legal aid case compensation is too low, not good, the attitude of the poor handling of the recipient. Sometimes the court, to win the case, but because the other party does not perform and can't get the money. (3) a local legal aid funds shortage. At present, some of the town (street) is still no legal aid funds, at the same time, because of the lack of personnel and other software facilities, resulting in the rural legal assistance publicity is not in place.

   (three) the relevant legal aid system has some blind spots.(1) in the definition of migrant workers is scientific disagreement. In recent years, the protection of the rights and interests of the migrant workers pay more attention to the central and local governments, all that good, firmly support. But the "several opinions" about solving the problem of migrant workers that migrant workers mainly refers to the rural household registration, migrant workers and workers engaged in non-agricultural industries in the local or remote. In Foshan, we generally refers to non migrant workers migrant workers Foshan Ji (Mandarin), the legitimate rights and interests of migrant workers affected, because the procedure has been simplified, no review of status and economic status, so sometimes whether blue collar, white-collar is silver collar, collar, legal aid for the first time intervention; and that although local account has been urbanization, but the root is still farmers, because of strict examination of legal aid, threshold high, not legal aid. So some Foshan residents believe that the Bodhisattva only distant, not as close. (2) is not perfect in the treatment of the bonus issue regulations. Foshan rapid economic development, urban and rural integration process of rural land expropriation, many villagers, basically is to rely on the annual dividends to maintain life. But many village driven by interests, in the formulation of "village", don't let the married women, married men, accelerated households (including veterans, did not find a job after graduation and back to the village college students, their interpretation personnel), the old man to remarry and new population dividend, similar disputes in the Foshan proportion is many, though these people requesting payout request is reasonable, but the "Village Committee Organization Law" gives the village too much power, "village" from the administrative supervision, excessive elastic space, in the current legislation background, legal aid, know that this is not reasonable, but because of all kinds of resistance and helpless. (3) the basic legal aid work mechanism is not adapt to the reality of the job requirements. At present, the workstation work mainly by judicial personnel who, because of the work of justice, the task is heavy, a lot of town (street) with no legal aid workers, full-time at the same time, because the targeted training is not necessary, to a certain extent affected the legal aid services.

   Eight measures, strengthening of the legal aid work

   (a) to further strengthen the legal aid organization standardization, system construction.To further simplify the farmers to apply for legal aid commission. The agricultural reform in the middle aged people and minors for drafting legal documents, apply for payment of alimony alimony legal aid, can be modeled as migrant workers, to exempt from economic review and simplify the application procedures for examination and approval measures. With the establishment of the legal aid Village (neighborhood) point of contact for the opportunity, increase of legal aid propaganda, to further raise awareness of legal aid. A street legal aid workstation liaison system, further close district legal aid service connections on the street, the town of legal aid workstation, the workstation to the village, in the play the guidance committee contact point better.
    (two) increase the legal aid institutions of human and financial resources to support.Two department to change the past, according to the local population to determine the agency staffing practices, according to the actual total population (including migrant workers around) the actual demand and the number of legal aid to determine staffing legal aid institutions around the design, preparation of migrant workers legal aid institutions more intensive than that of the province or national level, ensure coordinated rights resources, structure and social, economic development of migrant workers. Suggested that the central finance to input migrant workers more appropriate places to give financial support, legal aid center of the Ministry of justice to all kinds of project funding support. Through various channels to raise the legal aid funds, ensure the sustainable development of the legal aid work.

   (three) winning the support of the government, improve the system for safeguarding the rights of vulnerable groups.Promote the establishment of the relevant government departments and improve the employment registration system, employment security system, construction fund guarantee system, the project guarantee system, labor insurance credit rating system, and increase the labor security supervision and law enforcement, strengthen the administrative law enforcement. Through these efforts, the vulnerable groups rights protection and legal aid work legalization implement.
    (four) the establishment of migrant workers and migrant workers to input output joint system, mutual cooperation to strengthen the work of migrant workers.Migrant workers should strengthen the training of migrant workers, including employment skills training, culture, traffic safety and work safety knowledge, daily legal knowledge training, employment guidance, employment risks, legal appeal mechanism introduction, avoid and prevention of accidents occurred in the period of migrant workers migrant workers, to ensure that migrant workers know in accident or after a dispute how to approach, the most efficient minimum cost to safeguard their own rights and interests. Migrant workers enter to continue to increase the input of migrant workers, to ensure the rights and interests of the migrant workers. Migrant workers input and output to the judicial administrative organ and the legal aid institutions should strengthen cooperation, exchange information, jointly do a good job of migrant workers legal aid work.

   (five) reduce the economic cost of the rights of migrant workers.The legal aid institutions, labor dispute arbitration institution, the people's court shall strengthen cooperation, give play to their respective role in protecting the legitimate rights and interests of the migrant workers, Easy Access jointly set up the migrant workers rights. The people's courts shall make more efforts in judicial assistance; the people's court in the trial of labor dispute cases, adopts the principle of burden of proof at the same time, the labor dispute cases to benefit principle of treatment of migrant workers; migrant workers on the case, the people's court may take the initiative to take property preservation measures; for migrant workers is difficult for medical expenses, labor remuneration for pre the execution, do not need to provide property security etc.. Try to mediation, reduce the cost of migrant workers rights.

   (six) the further innovation of legal aid work.For migrant workers to the poor economic conditions, strong liquidity, hoping to win the lawsuit to get the money in a short time; most migrant workers legal aid cases involving the subject is, characteristics of case are not complex, continuous innovation of legal aid cases work, according to the actual cases and the demand of people, take the Scrivener, procedural guidelines, non litigation mediation and other services, strive for the minimum input to achieve the best protection effect, providing legal aid for migrant workers the most effective.

   (this article published in the "Chinese judicial" 2009 second)