Present, China's juvenile legal aid

The legal aid system, is refers to the country in order to guarantee social members to realize the rights remedy system of law, a law on some economic difficulties and the special case of the parties to give legal assistance obligations, it is an important part of the national legal system. The legal aid system of our country since 1994 January formally put forward by the Ministry of justice, "lawyer law" on legal aid system further confirmed, "Legal Aid Ordinance" is China's first on the legal aid system in national legislation. In recent years, China's legal aid system has made considerable progress. From central to local, judicial administrative agencies have established the legal aid institutions to adapt with the administrative divisions. Not only have more and more lawyers into the legal aid activities, and all levels of government funding for legal aid significantly increases. However, the legal aid system in the implementation of is also facing a series of problems and challenges, especially is not adult years of legal aid's more obvious.

Minors refers to the physical, psychological, Chile has not yet mature. "The people's Republic of China Law on the protection of minors" the second stipulation: "minors refers to persons under the age of 18." The legal meaning of minors is a special civil, its particularity is mainly due to the particularity of its own reasons determine legal rights. All countries give special protection to the rights and interests of minors, the legislation of our country is no exception. At present our country give juvenile special protection law "of the people's Republic of China Law on the protection of minors" and "the people's Republic of China Law on the prevention of juvenile delinquency". In order to protect judicial human rights, realizing judicial justice, embodies the equality before the law, it is necessary to implement the legal aid for minors, to protect the lawful rights and interests of minors. The minors' legal aid system is refers to the country to provide legal aid to the minor system.[1]In this system, the country is the obligation subject, the juvenile is the subject of rights. The state should guarantee fee legal service for not minor countries can provide free legal aid. According to the "National Legal Aid Ordinance", "Criminal Procedure Law" provisions, for the juvenile state can provide legal aid for different situations: first, the minor criminal cases of minors crime, by investigation organ for the first time or taking strong measures to date, or transferred for examination and prosecution of cases date, due to financial difficulties did not hire a lawyer, the minors can obtain legal aid. Second, the minor criminal cases in the people's court, the trial counsel did not entrust a people's court, making one to defend it, the legal aid institutions shall provide legal aid.

Two, China's juvenile exist in legal aid problem

(a) the legislative system reconstruction of China's criminal legal aid system

The common practice in the world is the right to legal aid as a constitutional right of citizens, because our country will obtain legal aid (help) right as one of the constitutional rights of citizens, the programmatic document for the lack of legislation and judicial practice. In the Constitution stipulates that citizens have the right to obtain legal aid (help), then the current distress

China's legal aid system also includes the criminal legal aid and all problems will likely be smoothly done or easily solved. In fact, in any society, not only need to obtain legal aid as a constitutional principles, need more public understanding psychology of the.[2]Criminal legal aid has the necessary basis and premise of the existence theory, get the real Toru used and implemented widely in the country will. The scope of legal aid is limited, resulting in many violations of the legitimate rights and interests of the minors enjoy no legal aid. Legal aid is the idea of fairness, justice, to provide legal aid for vulnerable groups. Minors are the real social vulnerable groups, if the minor rights and interests have been infringed upon, the family is difficult, can not afford a lawyer, the country does not provide legal assistance, protect the lawful rights and interests of the minors can not, will lose confidence in the law. According to the current legal provisions, legal aid countries for minors are mainly embodied in cases involving crimes committed by minors and recourse fee cases, and for the minor personal damage cases but no provisions may apply for legal aid. But in real life, because the cause of abuse, abandonment, parents teacher corporal punishment, minor personal injury case number, and the minors the right to education, the right of inheritance, privacy and other legitimate rights and interests have been infringed case is not in the minority, but for these cases, but not within the scope of the law donor countries, minors are often because there is no independent source of income, family life difficult, no ability to hire a lawyer, the right guarantee of difficult.

(two) juvenile legal aid applicant scope is too narrow

"Legal Aid Ordinance" provisions of the state, the minors' legal aid by the legal agent to apply, if the infringer is a legal representative, from no interest relationship with the disputes in other statutory agent to apply. According to the "general rules of the civil law", the parents of a minor is a minor legal agent. This limits the minors' legal aid only by their parents to apply for. If no interest relationship with the disputes in the father or the mother not to apply for or both parents is infringement cases who instead of minors to apply for legal aid? The law has not stipulated, the case is likely to be recessive cases. It is a minor legal aid system is a system of state intervention, if the juvenile's legal representative is unable or unwilling to provide effective legal service for minors, cannot ask the minor legal agent to apply for, and should expand the scope of legal aid applicants.

(three) exist with legal assistance and judicial assistance in the problem

Specific forms of legal aid is the recipient can receive free legal service, in China mainly refers to the free legal services for lawyers, legal workers. "National Legal Aid Ordinance" second stipulates: "citizens comply with the provisions of this Ordinance, be in accordance with the regulations for legal advice, agent, criminal defense and a pro bono legal services." The judicial assistance is refers to the people's court for civil, administrative cases justify the violation of their legitimate rights and interests but financially straitened litigants, the litigation cost reduction, exemption, deferment. "Regulations" provisions of the Supreme People's Court on the parties with economic difficulties to judicial assistance, the parties are receiving the legal aid department concerned, may apply to the people's court for judicial assistance. The people's court for judicial assistance request, by the judge for the trial of the case put forward opinions of the president, after the approval of the examination and approval, vice president, the larger amount, reported to the approval of the director. But the regulations are not on the postponement, reduction, exemption from the specific circumstances of the provisions, but the practice is generally to defer and reduce costs to party. Because can not afford to pay legal fees, will limit the litigation rights of the parties and litigation request, which appeared in the legal aid and the people's court to life difficult the judicial assistance is not uniform phenomenon.

(four) exist with legal aid and social assistance in question

The legal aid institutions, whether professional, human, material, capacity and other aspects of resources are very limited. Thus in the provision of legal aid in some cases at the same time, also need social assistance, such as personal damage cases, the urgent need for medical treatment, but the family poor to pay medical fee. Due to the limitation of the legal aid institution itself, no economic capacity to provide economic assistance to the recipient, but the lack of economic help may result in legal aid can not be carried out or the effect is not significant. Therefore, in the case of limited resources, to achieve the goal of aid, need legal assistance and social assistance combined, however, at present our country's social assistance system is not perfect, some real objects need assistance is not timely and effective relief.

Three, on the perfection of the legal aid system for juvenile delinquents

(a) to strengthen the legislative work, improve relevant laws and regulations

The establishment of juvenile legal aid system independent. At present, although China issued the "Legal Aid Ordinance", the legal aid system has made great progress, but there is still a lot of problems, such as the scope of legal aid is too narrow, the minor legal aid applicant range is too small, minor's legal aid system and the adult legal aid system does not have what difference. Recommendations will be minor legal aid system is a system of independent judicial system of juvenile, in the "law on the protection of minors", "law on the prevention of juvenile delinquency" and so on the protection of minors special legal provisions in legal aid, in the relevant laws and regulations clearly all the difficulties in life, violation of the legitimate rights and interests the scope of protection of minors, legal aid. For example, the minors as the victims of criminal cases by the guardian, abuse, abandonment or other tort, corporal punishment, teachers personal injury accidents, labor rights violations and other civil cases, claims for state compensation and other administrative cases, may apply for legal aid to the country. At the same time, we should also perfect the minors' legal aid application, expand the scope of the minors of a legal aid applicant. Supplementary provisions if minors legal agent is unwilling or unable to apply for legal aid, the minor himself or other close relatives and juvenile habitat habitat (Village) committee, the minors protecting organizations have the right to such institutions apply. In addition, the minors' legal aid professionals, implementation, capital and other aspects should also be given strong support of legislation, establish, improve the minors' legal aid system.

(two) to expand the scope of legal aid, to ensure that the government by law to relieve the poor and weak

Legal aid and legal aid common starting point and the ultimate purpose is to safeguard the legitimate rights and interests of the social vulnerable groups and to guarantee procedural justice. Recommendations should also expand the scope of judicial assistance, free legal fees for being accepted legal aid cases of minors to, can reduce the parties to the court to resolve disputes litigation fee pressure faced, the parties can fully his own lawsuit right, not what is legal fees to restrict their litigation request, it can protect the court in handling legal aid cases fair, fair status, but also can improve the disadvantage vulnerable groups into action, to ensure that the government by law to relieve the poor and weak.

(three) the juvenile criminal legal aid early intervention

The juvenile criminal legal aid early intervention refers to the minor suspects after the first interrogation reconnaissance organ or coercive measures taken to date have the right to require lawyers to provide legal assistance. Legal aid lawyers for minor request to provide legal consultation, complaints, charges, the application for bail, legal aid practice activities. The legal basis of juvenile criminal legal aid early intervention is China's "criminal law" clearly defined, in the trial stage, the juvenile criminal accused does not entrust a defender, the people's court shall designate a lawyer who provides legal aid counsel for the. In the investigation stage juvenile suspects did not hire a lawyer to provide legal help, reconnaissance agency is duty to name a lawyer for the? China's "criminal law" did not make provisions. According to the "criminal law" provisions, the minor suspects can hire lawyers for legal assistance, but due to legal agent will or economic difficulties often cannot achieve the right. Because of the minor suspects in a "few" disadvantage, and not to hire lawyers for legal assistance, it may lead to the minor suspects by the investigators inducement, torture, making false statements, or after the crime psychological fear would not confess, is not conducive to solve the case. China participated in the UN "juvenile justice standard minimum rules" stipulates: "in the whole procedure, the young should have the right to have a legal representative, or apply for the legal aid in the provision of legal aid obligations of countries. Accordingly, our government has the obligation to provide legal assistance to minors in the whole procedure. Our country "lawyer law" established a legal aid system framework, the provisions of article forty-first: "the citizen needs the assistance of lawyers in criminal proceedings, but cannot afford lawyers fees, can obtain legal aid in accordance with state regulations." The provisions of this article and the provisions of "Criminal Procedure Law" article is minor legal basis legal aid in criminal suspects involved in advance.

Lawyers can provide advice, complaints, charges, agent please bail for the juvenile criminal suspects, effectively prevent the investigator on torture to extract confessions, covert detention and other illegal behavior. At the same time can eliminate the minor criminal suspects into unnecessary psychological fear and nervous, is conducive to the normal criminal procedure.

(four) expand the legal aid team

Through the establishment, promotion of juvenile legal aid lawyers volunteer service, expand the legal aid lawyer team, can be on the net set up specifically to aid the minors for the purpose of the site. Chinese, relying on just a few lawyers engaged in minor legal aid work is far from enough, and the establishment of promotion, China minors legal aid lawyers volunteer network is a very good way to solve the minors' legal aid team specialization. The establishment of the network's significance lies in the integration of resources in the limited resources, improve work efficiency, organization, common, professional training, strengthen the cooperation between different regions, promoting more lawyers involved in legal aid work of minors, improve handling minor legal aid cases of professional standards. In addition, also can communicate with each other, mutual study field of juvenile legal aid knowledge, strengthen practical research, promote the legislative process of minors. Chinese minors legal aid lawyers volunteer network should be with the legal aid institutions cooperate with each other. The legal aid institutions responsible for the guidance, coordination, organization of lawyers to volunteer for the minors' legal aid cases.[3]The lawyer volunteers are handling minor legal aid cases of professionals, can guarantee the quality of handling cases, shall obtain the legal aid institutions support, statistics for the legal aid of the case shall be included in the legal aid institutions. And, the legal aid institutions shall, according to the case handling expenses expenses necessary to give the corresponding subsidy for lawyers to volunteer, the volunteer spirit can keep for a long time.

(five) encourage, support civil legal aid cause

Civil legal aid not only to maintain the judicial justice, alleviate the pressure, embodies the social morality, promote social justice, and is the supplement and extension of the national legal aid. But China's current laws and regulations are not clear civil legal aid agency status, function and application procedures for civil legal aid agencies, legal aid cases were not the calculation quantity in national statistics of legal aid cases, many civil legal aid institutions did not even have a legal identity. At present, many legal aid institutions is to carry on the legal aid work in university or associations. Suggestions on the legislation of legal aid, legal aid agencies shall clarify the folk position, the provisions of civil legal aid agencies to apply for examination and approval procedures, at the same time, the law should also be competent administrative authority should give civil legal aid institutions in the capital, policies to support.

(six) the combination of criminal legal aid and education

In the criminal legal aid to the juvenile criminal suspects, to legal education for the juvenile criminal suspects, to recognize the dangers of their behavior on their own, to society. As the minor suspects criminal legal aid lawyer, grasp the psychological situation of the juvenile criminal suspects in the aid process, easy and the minor suspects communication, of legal education for the juvenile criminal suspects, easy to accept, better. Aid lawyer for legal education for the juvenile criminal suspects, can prevent the crime of minors. This is one of the aims of legal aid, to protect the rights and interests of minors.

 In summary, our minor legal aid system has just started, there are still many difficulties, in the face of difficulties and challenges, we hope to actively explore and minor legal aid system to adapt as soon as possible and improve the development of the times.

Four, the implementation of juvenile legal aid significance

Legal aid is not only the implementation of the constitution "that all citizens are equal before the law" in principle, and is the entity of legal relation decided to implement the socialist system of equal protection. "Everyone is equal before the law" is a legal principle recognized by the United Nations and the vast majority of countries. It refers to all the citizens of a country, regardless of the existence of social status, property, race, or different intellectual strength, age and other differences, can be equally protected established law, the realization of legal recognition and rights. On the protection of minors legal aid, but also the development of our socialist democracy, improve the socialist legal system requirements. "National economic and social development" Nine Five "plan and the 2010 compendium of distant view target" clearly put forward the legal system to improve the protection of the rights and interests of minors, the special social groups, the Chinese government attaches great importance to the protection of minors. On the protection of minors legal aid, effectively protect the rights and interests of minors, is conducive to the healthy growth of minors, but also ensure the national construction and development of the talent requirement.

Author: Du Yiping, Dongbei University of Finance and Economics Graduate School Research

     Yu Lingling