Shi Jie: to further encourage the norms of social groups, institutions and other social organizations to participate in legal aid advice
Created:
/Author:
Aaron Lewis
Legal aid, for ordinary people, is concerned about the livelihood of the people, should be to safeguard the interests of vulnerable groups.To a country, is to achieve fairness and justice, maintain social stability and harmony.The State Council "Legal Aid Ordinance" clearly stipulates the legal aid is the responsibility of the government, but also the provisions of national support and encourage social organizations, institutions and other social organizations (hereinafter referred to as the social organization) the use of their own resources to provide legal aid to citizens with economic difficulties.For example, actively explore the legal aid of human resources, so that a large number of social organizations, law schools involved.Aiming at the present condition of our country, financial, material and human resources are limited, especially on the western backward areas, government revenue is stretched, and the western legal aid demand is relatively higher, so the single mechanism with government legal aid as the main body of the legal aid organization form is difficult to meet the demand for legal aid in the overall planning process.
One, the current social organizations to carry out the deficiencies of legal aid
(a) the lack of talent.Most of the social group of professional talent shortage, unable to meet the requirements of the professional legal aid work.Legal aid is a very strong professional career, a lot of work to do with professional knowledge and ability of staff to.While most social groups of lawyers lack of resources, with professional knowledge of law talent is not much, so that these social groups can only legal aid provides legal consultation, legal mediation and other form of simple, but very few criminal defense and litigation.Lack of professional talents, which can not provide legal aid services of various forms to meet the needs of the parties to seek legal assistance in reality most social groups.
(two) the quality is not high.Most societies cannot arrange to specialize in the legal aid activities, providing legal aid work quality and efficiency will be difficult to ensure.From the practice, we can see, the full-time staff is the basis to ensure the smooth development of legal aid, legal aid agencies lack of full-time staff, the work will be affected to a certain extent, providing legal aid quality and efficiency are not guaranteed.The majority of our society through its rights department set up community legal aid organizations, but also by the legal department staff part-time community legal aid work, generally do not have full-time staff, "a set of troops, two brands" phenomenon is widespread.The vast majority of social organization not engaged in full-time legal aid workers, often is to complete the social organization of work itself, but also bear the legal aid duty, it is difficult to effectively balance.And the number of social groups, most adults Department staff are not many, the nature is difficult to guarantee the quality, efficiency is a problem.Therefore, the lack of full-time staff, the social organization's participation in legal aid activities, are difficult to quality, efficient.
(three) a single.Most of the social organization's participation in legal aid activities work, cannot reflect the play in the role of legal aid.Because lawyers lack of resources or professional knowledge of law talent less, plus itself cannot arrange full-time personnel engaged in the work of legal aid, most social groups to participate in the legal aid activities generally take the following work: the government legal aid institutions regular monthly to the social groups to provide legal services for vulnerable groups, legal questions, provide legal assistance qualified for legal aid clients.This way of working is really play the role of the government or the legal aid institutions, social groups, its staff cannot independently bear legal aid work, and government legal aid agencies are just regular monthly to social groups to carry out the work, the rest of the time and social groups in the legal aid work will not be carried out smoothly.Shall, subject to its own resource constraints, at present this kind of work, is not that social organizations should play the role of reflected.
(four) status is not reasonable.The social organization's participation in legal aid activities organization form, influence dominated government legal aid agencies in a certain extent.Government legal aid agencies play a vital role in our country's legal aid system, should be in the leading position.Because our country social group with semi official nature, its formation mechanism and government agencies should be relative, if different levels of social organizations have established the community legal aid organizations, can be said to have imitated the government legal aid agencies setting mode, in the social organization system has established a legal aid organization a top-down with the color, but the government legal aid department only as the participating units, reversed the dominant mechanism of governmental legal aid, the whole is not conducive to the legal aid work to promote.
(five) the government legal aid leading ability is not strong.Government legal aid agencies affected by objective factors, its development is slow, can not effectively guide the social organizations to participate in the legal aid activities.Social groups to participate in the legal aid activities, only the right to legal aid institutions of government guidance and effective supervision, to the healthy and orderly development of.Because the legal aid development, with the regional economic conditions and different takes on an imbalanced phenomenon, in the economy is relatively developed regions, the legal aid work starting point higher, faster development, and the economy is relatively backward areas, the legal aid foundation is not good, development is relatively slow.In the underdeveloped areas of social groups to participate in the legal aid activities, it will be difficult to get guidance to the local legal aid agencies at the government effectively, the healthy and orderly development of work will be affected.
Two, to encourage and regulate social organizations to carry out the legal aid advice
(a) to further encourage social organizations to play their own capital, talent advantage, actively carry out legal aid.The social organization legislation in the form of certain social groups, institutions such as the status in the legal aid work.Social organizations can provide funds, personnel, public opinion and other forms of support and help for the legal aid cases; can recruit, interim attorney (or legal workers, legal aid volunteers) full-time, part-time in the legal aid work; organize charitable donations, the establishment of the legal aid fund.
(two) to establish a dominant mechanism of governmental legal aid, legal aid operation mode of legal aid dual government legal aid institutions and social organizations in parallel.Government legal aid agencies responsible for the area of legal aid organization, command and coordination, is responsible for the supervision and guidance, engaged in legal aid for social organizations.Especially the trade unions, women's federations, Youth League and other major social organization, association of legal aid is explicitly incorporated is led by the government under the legal aid, put the government legal aid dominant position, straighten out the relationship between the government legal aid agencies dominate social organization, development of security legal aid work science.
(three) through the legislation explicitly collaboration and operating rules of government legal aid agencies and social organizations to engage in mutual legal assistance between.Encourage social organizations to do not comply with laws and regulations of legal aid, legal aid scope, but the social impact, or other is to provide legal aid to provide necessary legal assistance cases, in order to truly integrate social resources, expand the space of legal aid society.Encourage social organizations to provide legal aid for public interest litigation.
(four) to the social organization of legal aid in the form of organization, funding channels, operating rules, work discipline and legal liability of legislation.No social organizations to carry out the legal aid in the legal service name.