Strengthening the construction of volunteer legal aid advice
Created:
/Author:
Aaron Lewis
Strengthening the construction of volunteer legal aid advice
The legal aid center of Huojia CountyLi Yueming
To do the work of legal aid, to enhance the capability of legal aid, is to implement the central government action about constructing socialist harmonious society's important decision, "legal aid cause twelfth five year development plan" closely around the main line of the theme of scientific development and accelerate the transformation of the mode of economic development, conscientiously implement the national "Twelfth Five Year" plan "to strengthen the deployment of legal aid", its purpose is to further guide and mobilize the broad masses of legal aid, the positive response to the call of the CPC Central Committee, conscientiously perform their duties, highly consciously, solid and effective, widely and deeply into the great practice of building socialist harmonious society; to effectively safeguard the legitimate rights and interests of the masses is difficult, to maintain social fairness and justice, to protect and improve people's livelihood, to make a positive contribution to the realization of social harmony and stability.
However, the current legal aid work is faced with many practical difficulties, I personally think so:
One, the legal aid is a system engineering, complex and difficult, it is necessary to strengthen the legal assistance team.
The new period, the establishment and implementation of the legal aid system, strengthen the team construction of legal aid is the comprehensive well-off society, constructing a socialist harmonious society, the inevitable requirement to promote the construction of democracy and legal system.Through the provision of legal aid for the social vulnerable groups in poverty, safeguard their legitimate rights and interests, to safeguard judicial fairness, justice, democracy and the legal system of equity and justice is the important content of socialist harmonious society, the legal dignity and authority of the damage, fairness, justice cannot reveal, is unable to achieve the real harmonious society, can not really achieve social long period of stability, the orderly development.
Therefore, there is great practical significance to strengthen the construction and deepening of the volunteer team of legal aid.
Two, the reality is not optimistic.
The system of legal aid in the establishment and implementation of time, time is not long, some optimistic and neglect, but also is the urgent situation.
(a) the departments and personnel to participate in the legal aid is too little, need to continue to grow.
Data shows, China's current legal aid institutions existing government more than 3000, the legal aid institutions in rural communities to set up legal aid workstation 4 more than 10000, old, disabled and other social organizations to set up legal aid station more than 1, some places still community, village organization legal aid station, set up 1 - 2 full-time staff but the national total of legal aid, the full-time personnel only more than 12000.The only really participate in the Department of public prosecution, law, Department, bureau of labor, bureau of industry and Commerce and other departments, this awareness is not strong, full-time staff to participate in the legal aid lawyer, justice is the main staff, grassroots legal service workers, judicial personnel, departments, staff is not serious enough, not enough social influence, it is difficult to to adapt to the increasing demand of the recipient.
(two) a full-time legal aid professionals scarce, the urgent need to introduce more talents to legal assistance team.
In the legal aid team, full-time engaged in less than 20% has obtained the qualification of lawyer assistance, social insurance, the recipient needs most part of real life insurance disputes, product quality disputes, medical dispute is not familiar with the blind man went, holding universal phenomenon, but also very dangerous, serious impact on the quality of the legal aid no, some even handle criminal cases, no more titles in professional and technical personnel to complete the designated or entrusted by the criminal case against aid, the legal aid system.
(three) because of less financial subsidies, individual workers' political quality is low, have to cope with the phenomenon for assistance.
The above situation must immediately be improved, so as to promote the healthy development of the cause, in order to aid.
Three, about how to strengthen the construction of legal aid volunteer team, I have the following recommendations
(a) further intensify propaganda, lifted the upsurge in developing legal aid society.
In order to raise awareness, at all levels, departments should seriously organize the study of the Legal Aid Ordinance, clear significance for social vulnerable groups active in the implementation of legal aid.Let every one engaged in legal aid people by education, unity of thinking, form consensus, cohesion, and promote the work, from the ideological understanding on the root of the problem, should be based on their positions, give full play to the initiative, creativity, actively carry out the work of legal aid, with very fruitful work to protect, promote and guarantee social harmony and stability, to promote scientific development, harmonious development, providing legal services and guarantee high quality, to internalize their conscious awareness, into positive action, guide their master's attitude, establish a socialist concept of rule of law and strengthen legal services, legal aid work in building a harmonious socialist society organically.
Thoughts and raise the general awareness of building a harmonious society, service consciousness and sense of responsibility is further enhanced, so determined to engage in legal aid staff in the style of work of continuous improvement, around the center, serve the overall situation, the integrity of philosophy of law enforcement for the people to establish, make their services more stringent standards, to strengthen the construction of a harmonious society, the expansion of legal volunteers requested further embodiment and deepening, in practice, is not realistic, but gradually expanded, to obtain the actual effect.
At all levels, all departments according to the actual, three aspects of consciousness will learn, practice, construction work closely together, to learn, practice, have achieved fruitful results in the ideological understanding, have a good start work practice, closely around the party, the government is concerned about people's attention, which, hot, difficult problems harmonious and stable, legal aid volunteers in many important fields, develop characteristic, a sharp, vivid live wave, the theme of practical activities, especially the construction of key projects in the service of countries and regions, and with the law and petition cases mediation, participation in the solution of the land expropriation and housing removal, treatment of laid-off workers, participation to solve the problem of wage arrears of workers and engineering, to promote the people's livelihood, and to provide legal aid to migrant workers, the disabled, left behind children and other vulnerable groups breakthrough.Let those who do not know the place, work is not work, "aid people can not adapt to the charge", from the legal assistance team, let the legal aid work spring bath, let the vulnerable groups is no longer confused aid matters.
(two) the introduction of professional type, compound talents, growing legal assistance team.
Our country is currently engaged in the legal aid department and full-time personnel too little, only the public prosecutor, law, Department, labor department, industrial and commercial departments support is not enough, need whole society together, to realize the legal aid is not only the obligations and responsibilities of each person should do, it with everyone's learning, life, from the action to Our wills unite like a fortress., actively join the legal aid volunteer team, the Communist Youth League, women's federations, trade unions, land and housing administration, archives departments should play their respective roles.Legal assistance for professional shortage situation, as soon as possible causes of high-quality, complex personnel absorbed into the legal aid team, check for major cases, to train and bring up a batch of political concept is strong, have quite the policy level, proficient in lawyer business expert, to expedite the legal aid team recruitment channels, let God come, not qualified to establish long-term mechanism, through training, improve the quality of the team, to meet the needs of the recipient, solve their reasonable appeals, efforts to achieve social fairness and justice.
(three) the legal aid volunteers on duty, must forge a proper occupation character.
At present, there are a lot of poor vulnerable groups, they need a variety of social assistance, legal aid is a kind of important forms of aid, legal aid volunteers should shoulder the moral, duty, more to take on the social responsibility, as they provide legal assistance, is an important symbol of social legal aid volunteers test responsibility and conscience.Have a sense of social responsibility, historical sense of aid workers, especially the lawyer, should handle the legal aid services to vulnerable groups, poverty basked in the law and justice of the sun, for each piece of legal aid matters should be handled, as a kind of legal service, highly responsible, strive for the best legal for the rights of the recipient.For the designated defense of criminal cases, don't let the assistant lawyers to participate in, to be strict in one's demands, serious marking, careful analysis to investigate and collect evidence materials, studying the related cases, carefully drafted defense, dutifully perform defense duties, safeguard, realize the legitimate rights of the defendant.In practical work, overcome the noble paid service, despise the free aid matters more to get rid of those disadvantages, explain away, to aid cases will not see, not scoring, not refer to law books, the court make irresponsible remarks phenomenon, the work is a noble occupation, its sacred mission, it is of far-reaching significance, legal worker to have the lofty occupation ideal and good occupation character, on one hand we can't pick the word frame in litigation, non litigation exhaustion cases, advise to enter the judicial process, on the other hand, when was appointed as the recipient of service, to the correct attitude, dedicated, not for the purpose of paid, false assistance the name, this is to aid the cause of blasphemy, this will make the party and the state to lose confidence in attached great importance to the work of legal aid, the public will be on legal aid workers especially the lawyer lost favor and trust, will enable the public to the state of rule of law and make a negative evaluation.We should implement assistance, spread to the society of law and the spirit of the rule of law, maintain the correct implementation of the law, and safeguard social fairness, justice, the restriction of judicial power, the balance of legal rights, the promotion of social civilization and the progress of the rule of law, the lawyer should be to safeguard social fairness and justice, as a value orientation practice, comprehensive use of legal, policy, economic, administrative and negotiation, persuasion, education and other means, to resolve the contradictions in the grass-roots, to resolve in the bud, in the practice activities, play a specific role, to resolve the dispute between the parties, the legitimate rights and interests of the parties, to maintain social stability, provide an important theoretical basis for promoting social peace.All the staff in the legal aid lawyers, should according to their own standards.We always keep in mind the United Nations General Assembly adopted the "basic principles on the role of lawyers" an important principle in "a lawyer shall maintain its judicial work whenever and wherever possible as an important agent in the occupation of the honor and dignity".
(four) financial departments at all levels should increase the investment of legal aid, with logistic management for legal aid work.
As in previous years, around the implementation of the legal aid, basically have not been fully protected, the frustration of the legal aid's enthusiasm and creativity, do things carelessly to cope with the aid It is often seen., nearly two years to be fundamentally improved, but the financial departments at all levels should also strengthen the aid personnel training, handling subsidies, improve the investment office, let the legal aid workers will be good government image project.
To sum up, the legal aid work is a very difficult work, needs the participation of the whole society, need growing team, improve team, improve quality, give full play to try to, maintain social stability, to create a harmonious social role.