Thoughts on how to improve legal aid "national brand" social influence

                                   Jiangsu Zhebang law firmTang Yongxiang

    Abstract: providing state help make it convenient to get equal judicial protection has become one of the responsibility of the government of modern state difficult to citizens, legal aid "to create national brand" effect, on one hand the national innovative mechanisms to improve the degree of civilization of the rule of law, provide the survival of equal protection of people, on the other hand, the people have rights dependence on the country, and then identify the fairness and justice in society. Using the foreign successful experience, improve legal aid in public in the "national brand" awareness and reputation rights, build brand, the government should do a good job in system planning and guidance work, needs the efforts.

Keywords: Legal AidBrandEffect

    According to statistics, in the world has more than 140 constitutional or international treaties that legal aid is included, providing state help make it convenient to get equal judicial protection has become one of the responsibility of the government of modern state difficult to citizens, "legal aid" is not simply understood as a public welfare activities, but in the public the formed because of the difficult groups help similar and well-known trademark of a service brand. This brand of hand the state innovation system to improve the degree of civilization of rule by law, for the survival of equal protection of people, on the other hand, the people have rights to rely on state, then the identity of fairness and justice in society. Promotion of legal aid in public in the "national brand" influence, establish assistance mechanism convenient provide rapid assistance to the recipient, build rights brand, has become the world common awareness and action.

　　The development of history, foreign legal aid "national brand".

Legal aid is originated in western countries, the legal aid risen to a national responsibility is a gradually process. Has experienced the stage of social charity, stage, stage, stage of development and national welfare.

   Britain is now recognized in legal aid legislation and operation rules of the most perfect state, is the world's first establishing legal aid system of the country. The early British legal aid is a charity behavior, from the legal aid initially by the private lawyer for humanitarian and charity, to trial the defendant to provide free help poor defense to achieve. After summing up, in July 27, 1999, as the authority of a series of legal aid reform summary, 1999 "obtained by access to justice law". According to the law, the Legal Services Commission (Legal Services Commission) will replace the original legal aid committee to become British legal aid agencies. Community legal service and criminal defence service gradually replaced the original civil legal aid and criminal legal aid, when these two legal service system set up, the legal aid system will change. To build national brand of legal aid, the British government has invested in the financial world, the UK is now legal aid finance put up most of the country. From 2000 to 2001, the national legal aid net appropriations for 1700000000 pounds, annual expenditure close to 1%.

  France as the countries of continental law system, the legal aid system can be traced back to the mid nineteenth Century. A January 22, 1851 involved in the contents of legal aid law, each court set up legal aid office, responsible for providing legal aid for the poor. After more than a century of development, perfect, at present the French legal aid system has become one of the legal aid system with a sense of the world. French law aid system is the ultimate goal of all French citizens and foreigners living in France, regardless of their possessions, to know what is right, and to safeguard their rights in court when necessary.

   American earliest legal aid work like in many countries, is a lawyer to provide voluntary relief costs. Until twentieth Century 60 time metaphase, legal aid lawyers still mainly rely on voluntary. The turning point America legal aid system began in the 60's of the 20th century. With the rising American 60's civil rights movement, anti war movement, the women's movement, the government began to put more attention on the protection of the rights of the poor and the judicial relief. In 1963, the Supreme Court in a case USA ruled: poor defendants in criminal cases, both in state court or federal court are entitled to obtain counsel of constitutional rights, it is the duty of the government to provide the legal aid.

Legal aid in Canada also funded by the state in 1994, legal aid spending accounts for 7% of the whole judicial system, close to the court in 8%.          

   In the early centuries ago, the famous thinker Rock pointed out: "the purpose of law is to govern by law all people just use the law to protect the innocent, and relief." Today, "everyone is equal before the law" has already become one of the most basic principle generally follow the modern country under the rule of law. The establishment of the state responsibility of legal aid, the government acts of nature or the state behavior. From the legal aid by private lawyer out of charity free for the poor defendant criminal defense development mainly funded by the government to pay defense costs, for the development of a national responsibility, legal aid in the public was established as a national service brand.

　　Two, China's legal aid legal position of national brand

Relative to foreign countries, our country's legal aid started late. Germination of China's legal aid to the economic difficulties of the litigant to aid object began in 1992. In 1992 May, Wuhan University set up a "cprdc", the establishment of the center, opened a prelude to the legal aid work in our country. In 1994 January, the first legal aid institutions set up by the government, "the Guangzhou Legal Aid Center" was established, marking the China began to explore the implementation of the legal aid system, opened a new page Chinese law civilization. In 1996 March, the revised "Criminal Procedure Law" for the first time in the legal recognition of the legal aid system. In May the same year "lawyer law" to further confirm the legal aid system. In 2003 the "Legal Aid Ordinance" promulgated, marking China's legal aid into the orbit of the rule of law from the chaotic situation, the original can not go one's own way. Especially the amendments to the Constitution in the respect for human rights and further reiterated that protection, and vigorously develop the government actively promote civilization background, legal aid itself has also been a "legal aid is the responsibility of the government" courage and height. "Regulations" for the first time in the form of law to clear the legal aid is the responsibility of the government. Government should be the legal aid should be as the obligation, and this should be established based as specified in the law.

   The development of China's legal aid, assistance mechanism led by the state "should aid to make aid, support and assistance". These rules can be simply summarized as: to provide financial support; the establishment of the legal aid institutions specialized; support, encourage other social organizations to provide legal aid to citizens with economic difficulties; individuals or groups to reward or punish contributions or violate the law of legal aid.

Three, improve the legal aid needs the efforts of national brand influence

 (a) to strengthen the public awareness of the propaganda, expand the legal aid national brand.

Free public opinion, dredge the people, the establishment of public rights channels, so that need the help of the class to know how to get help, this is the basic condition for legal aid into people's life, is also a prerequisite for legal aid to establish national brand. Legal aid is not enough publicity, public awareness is not high, the public depends on is not strong, lack of knowledge. Through newspapers, television, radio and so on, with a typical case, the use of slogan, window, advertising and other forms, takes the theme of propaganda and the media to the effective combination of propaganda, formed an all-round, full coverage, three-dimensional publicity normal pattern, and continuously improve the awareness of legal aid national brand.

 (two) the introduction of the contract system, to establish a stable good assistance team.

According to relevant media survey, the public of China on the legal aid staff and service level of reflection and evaluation of general. A lawyer to undertake legal aid as a burden, not diligent work, just deal with the field through type. Performance is not in place in the investigation and evidence collection, difficult to obtain the effect of handling the case; case drag, can't be ended within a reasonable period of time; lack of communication with the recipient, cause unnecessary misunderstanding. Because the recipients do not understand the legal requirements and procedures, and the lawyers don't have the time and patience and communication; to the recipient in charge the cost of materials, investigation fees, transportation fees. All in all, affected the legal aid national brand in the public reputation, caused by the individual recipient would rather spend hiring high reputation of lawyers, do not want to seek assistance.

China's legal aid mode and foreign legal aid quality compared to an extensive aid model. Aid lawyer legal aid cases of not less than one year, in fact the provisions of the law regardless of professional categories, regardless of personal accomplishment, everyone has the case index, this extensive handling mode is difficult to guarantee the quality of handling cases.

   Introduction to contract system, the legal aid institutions and personnel signing permitting system is an effective way to. The realistic requirements must be established a legal service flow mechanism, for the evaluation of aid workers of different access standards. Only those who pass the assessment quality legal aid center identified and signed an agreement with the aid of law firms or the practice of institutions, to provide legal aid services, it must have the expertise and experience in handling cases of lawyers to and involved in handling the case. The signing agency annual appraisal unqualified to be eliminated. To improve the legal aid institutions and personnel responsibility, ensure the quality of handling legal aid, legal aid foundation to promote national brand.

 (three) clear functions, the formation mechanism of management and service functions of the separation.

  The legal aid agencies to its function different should include legal aid management and legal aid implementation mechanism for two subjects, and two by the formation of a functional differentiation between supervision and being supervised. In the UK, legal aid is made with the Commission signed a contract lawyers or directly affected by the Commission to hire advocate bear, as the Administration Committee only assumed make legal aid policy and legal supervision service provider functions, and is not responsible for the provision of legal services function. On the one hand, the committee will focus on the management of legal aid services, on the other hand, avoid their own funding their services may bring unfair and unreasonable.

  In China's current judicial practice, legal aid centers at all levels of both management and provides the dual function to undertake the legal aid services, dual function that undermine the existence of the necessary management functions, is also difficult to form an effective monitoring mechanism, the individual legal aid managers involved in undertaking a case, also weaken the supervision and management of the law aid case. Therefore, suggested that China should learn from the British model, legal aid centers at all levels of the functions defined in the formulation of legal aid policy, legal aid funds management and tracking the case handling, and should not to provide legal aid services, separation of the service management and legal aid, scientific construction of legal aid architecture and mechanism.
 (four) center, service terminal extension of legal aid.

   Convenient aid help provide the application, extending legal aid service terminal. Some developed countries abroad, the number and distribution of the legal aid institution adopted a quantitative approach. In Holland for example, the government required that the complainant within 1 hours to reach a legal aid agency recently, within 5 km should have a mechanism to accept the application. For instance America, the federal government established the Legal Service Corporation, most of its work is prompted for each of the 10000 poor 2 lawyers, in order to make USA everywhere, legal aid. And as our country has implemented practitioners in community health service station, a great convenience to primary care, protection of the people's livelihood. However, as the advocate's lawyer, into the community is only stay in form.

According to reports, is not convenient degree recipients for assistance in china. Considering from the convenience, should follow the "one hour circle of legal aid service" requirements, through the "horizontal to edge, vertical legal aid organization network exactly" requirement, let the masses understand the legal aid application procedures, conditions, convenience measures and complaints supervision way. When the application is accepted, lawyers, grassroots judicial authorization to sign the contract, the legal aid workstation examination for legal aid cases, or the agent to apply for legal aid, convenient recipients people timely and convenient to get help, open the legal aid Easy Access, convenient public rights approach. In addition, the establishment of trade unions, women's federations, professional workstation in the Communist Youth League, providing quick access to labor disputes, women and Youth Rights, solve the vulnerable groups can not afford a lawyer, does not have the lawsuit, to safeguard their legitimate rights and interests concerning the vital interests of the people of the problem.

  (five) the establishment of legal aid subsidy guarantee and supervision mechanism

   See from the legislation, "Legal Aid Ordinance" provisions of the law have the right to obtain the legal aid case subsidy. From the current situation of our country, although many provinces have established the legal aid funds, earmarked special funds for legal aid to migrant workers, but for legal aid to solve the problem, is an utterly inadequate measure. According to the legal aid center of the Ministry of justice statistics, China's annual need of legal aid cases more than 700000 pieces, but by less than 1/4 aid. The main cause of this situation, a serious shortage of funds of legal aid. The data suggest that, funding for legal aid throughout the country in 2003 152000000 yuan, per capita the legal aid funds only 0.1 yuan. Although in recent years, governments at all levels to increase investment, but to 2007 funding but also is 520000000 yuan. In contrast, some developed countries each year are usually allocated huge budget for legal aid. The case of European countries, Britain and Holland legal aid annual funding accounted for 1% of GDP, the English legal aid spending $30 per person, 328 yuan rmb.

In the condition of limited financial resources, on one hand we should continue to increase capital investment, to provide financial resources for the legal aid, on the other hand we should make good use of the funds of legal aid. The author thinks, should set up the provincial legal aid fund, supervision mechanism and establish the expenditure, to ensure that the investment and expenditure of funds, guarantee to legal counsel fee.

  (six) the establishment of legal aid cases and judicial relief mechanism of cohesion

  Legal aid is a national institution, the legal form, for the poor, the weak or the disabled person to provide legal help, in other words, economic poverty, low intelligence, incomplete physiology and the need for legal aid to help people, to provide free or reduce legal costs service charge system. Legal aid of the case to the court does not of course relief litigation expenses. The high litigation costs will undoubtedly increase the burden of the aid. Our court established judicial relief system, as the economic difficulties can not afford a lawyer, can not afford to pay the litigation costs, implementation costs by the parties to apply to the court for judicial assistance to fully exercise their litigation rights. Legal aid and legal aid is provided to help system for the economic difficulties of the parties, but belong to different judicial authorities for examination and approval, the approval by the legal aid legal aid center at all levels, judicial relief for examination and approval by the people's courts at all levels. It is understood, a few places to carry out legal aid and legal aid mutual recognition of the pilot, as long as the legal aid cases by assignment decision in forma pauperis. The author thinks, should set up the system of legislation and judicial aid mutual recognition of legal aid cases, any legal aid cases into the court, the court without starting the judicial relief procedures, directly to the fee waiver.

A good order, equal protection to all citizens must have access to justice. Legal aid national brand, it can arouse the public on the idea of equality of human rights associations, law environment, a good image to build national brand, need the whole country to promote and put into. In this process, everyone especially undertakes legal aid countriesBrand image buildingChinese law responsibility, should be required to state responsibility, consciously refused to have short-sighted behavior any harm national image; at the national level, the government should do a good job in system planning and guidance. The modern country under the rule of law must take the responsibility in legal aid, legal aid must sing the national brand, so as to form the new mechanism of equality before the law.

   Listen to "law and society" in 2010 second, author Tang Yongxiang, vice director of Jiangsu Jinrun law firm, Nantong city outstanding public interest lawyers, Haian county and "top ten" volunteer]