Before Words

The legal aid system is the world recognized quality system[1]. It first appeared in ancient Rome law, but it is only a "political privileges", to the West in the middle ages, also just an act of charity, just to adjust in the moral category. Even the1495Years passed by parliament to ensure poor civil litigation lawyer and get free from its all expenses "Henry VII method"[2]Also full of charity. But, although is a quite original obtain judicial procedural justice rights, but also opened the modern sense of the legal aid system. Arrived1771Years, Spain born "poor law rotation system", which was promulgated by the king of Spain Charlie Sans royal decree, Bar Association held in court cases involving the detention of the poor, for the poor by lawyers rotation free service.1781Years, Austria "court procedure code" also stipulates that the country case costs for the poor pay the duties of the parties. After about ten years, France has seen a "public defender", without the ability to employ full-time defendant or do not want to hire a lawyer,1793Year "Jacobin constitution" expressly to give the defendant to choose the public defender of rights, namely "the defendant should be selected counsel or public defender."

19Centuries later, the overwhelming majority of the civil law code includes the "poor law" principles of legal provisions, the provisions for poor people from the court costs and specify the liability of lawyer. This in1885Spain's first "Civil Procedure Law" and1887The first part "legal aid law" in France has been fully embodied. At the same time, American is not weakness, to1876In New York to set up the first legal aid association. Especially after the war of independence, to provide free legal aid services to poor people gradually become part of American legal culture.

With the deepening of legal aid services, legal aid by the early is more dense philanthropy to state responsibility or civil rights development. In "should be based on charity, is the law and thought deserved", people try to keep legal aid development become a political right that we all share, let the law

[1] Editor: "Tang Xiaotian of Shanghai Institute of Political Science and LawAnd the construction of harmonious society legal aid: justice should not be late ", load"People.com.cn.. Law.2006Years02Month.

[2]Zhang Zhong: "legal aid" vulnerable groups, Chinese People's Public Security University press2008Year edition, No.19Page.

Assistance to the right age. From the19End of the century20The beginning of 20th century, gradually transformed the legal aid to the national behavior. The government began to play an increasingly important role in this regard, gradually occupy the dominant position and bear the main responsibility.1910Years American first public defender agency established, means the beginning of countries in the legal aid of government intervention.1949The British "legal aid and advice" was, that the birth of modern state funded by legal aid. France in1972Year issued "Judicial Assistance Act". Sweden in1973Year issued a "legal aid law", America in1974The legal aid. It is particularly worth mentioning is the,1958Years, the International Bar Association organized the international legal aid association. Then, known as the "International Convention on human rights"1966The United Nations "International Covenant on Civil and political rights" clearly stipulates governments on legal aid duty.1968Years, the general assembly of the United Nations special "legal aid through the establishment of a national scope resolution", further stressed that the governments of responsibility in legal aid. The UN also in1985Years and1990Years through the "juvenile justice standard minimum rules", "basic principles on the role of lawyers" and a series of international legal documents, stressed the responsibility and obligation of the governments of all countries should take on Legal Aid[3].

Since the1495The British Parliament passed the "law" was issued to Henry VII, to the mature legal aid system and practice, legal aid from the original charity behavior changes gradually into the state responsibility, which passed through a quite long history. Can say, compared with the legal aid as the state responsibility in legal aid and had the kind of philanthropy, progress and superiority is huge. It has more important meaning for the legal protection of citizens' rights. One is for the poor, legal aid is no longer not essential "charity", a rights but the country must give the citizens of. Two is the legal assistance for state responsibility, means that in between the state and citizens formed a more reasonable legal relationship, namely the aid object is the subject of rights of legal aid, the country is legal aid obligations, and further enhance the citizens of the country the master position. Three is the legal aid as the state responsibility, the financial security, this is both realistic and sustainable solution to the fundamental problem of healthy development of legal aid.

Late development theory of legal aid in China, but the legal aid through1994At the beginning of germination,1996Confirm the years of "Criminal Procedure Law" and "law" in law,2003Years9The State Council "Legal Aid Ordinance" implementation, the basic framework has been initially formed. At present, basically is studied and described as "and specific problems of structure determination of the Legal Aid Ordinance", belongs to the typical comment law or law of Countermeasures

[3]Zhang Zhong: "legal aid" vulnerable groups, Chinese People's Public Security University press2008Year edition, No.24Page.

On the mode of. Nevertheless, the legal aid system of our theory, legislation and practice of systematic, specialized research is less, and the lack of innovation, problems not on. The legal aid work there is lack of theories of legal aid, legal system is not perfect, the legal aid practice difficult to operate, legal aid resource allocation imbalance, the contradiction between supply and demand, the quality is difficult to guarantee etc.. Perfect and complete system of innovation theory, the solution to these problems lies in legislation. This paper puts forward some points of view on China's legal aid system of theory and practice, focus on building a suitable condition of our country's legal aid system, and makes a discussion and Research on the practice of legal aid system of our country the next step.

Ideas and methods of this study are: the method that is adopted on the overall effect, followed in order to establish and perfect the legal aid system as the core, to the legal aid services as the main line, in order to improve the quality of service as the goal of legal aid, legal aid services and support to make aid, aid good aid quickly and related issues, using the idea and research method of jurisprudence and sociology, makes a systematic research to add bricks and tiles, the legal aid system framework and theoretical system construction of science.

The concept and developing process, the legal aid system

(a) the concept of legal aid system

"Legal aid" is a foreign word, in China the past vocabulary books never this concept, only to20A century after it was introduced to our country. "Legal aid" in English for"Legal Aid",Literally legal help[4]. Because of "legal aid" is imported, before explaining the concept of legal aid in China, this paper firstly introduces the concept and characteristics of the foreign legal aid, in order to better illustrate the concepts of legal aid in china.

The concept of legal aid, in different countries, different. But since the mid twentieth Century, legal aid gradually by the social philanthropy tradition, evolved into the country a judicial remedy for Chinese citizens and safeguard measures, become the modern sense of the legal aid system. In this regard, the concept of legal aid: legal aid is given to reduce free legal help, due to economic difficulties to pay or not to pay legal fees of citizens, in order to protect the legal rights and interests is a judicial relief system. Their common characteristics are the following: one is the legal aid is the state of civil obligation or responsibility. The main responsibility of legal aid is

[4]Shen Hongwei: "the Chinese legal aid system",2006Year edition, No.3Page.

The state, or in the exercise of state power of government. The state or government through the establishment of the legal aid institutions, providing legal aid funds for legal aid, legal form, legal aid agencies to perform authorization state or government to citizen's legal aid obligations or liabilities. This is the moral behavior and social organization of modern legal aid system the difference between individual lawyers from the traditional charity behavior of the basic symbol. Two is the delegate object is the economic difficulties, unable to pay or not to pay legal fees citizens. Common object countries of legal aid, the vast majority are due to financial difficulties, inability to pay or not to pay legal fees of the poor. In addition to the common object, different countries and regions have their own special provisions. Such as some countries and regions in the poor, also provides a "middle class" and certain objects can also enjoy a certain degree of legal aid. Three is the recipient enjoy is reduced, free legal aid. According to the recent economic conditions, to all of its free or reduced fees for legal aid. This is a common practice in legal aid in various countries. However, individual countries have some unique practices, such as Japan's legal aid system provides the recipient should defer attorney's fees, then considered income gradually returned to the charges.

So, what is the concept of legal aid in China? Reference has a connotation of general, common in national legal aid concept, combined with the specific situation in our country, the concept of China's legal aid and legal system can be expressed as:

Legal aid, the country is legal, institutionalized form, to guide and coordinate the legal aid institutions in the country set up next, legal services lawyers, notaries, grassroots legal service workers, social volunteers and other legal services staff to provide free of charge for the economic difficulty or in special cases to the parties, in order to protect the legitimate rights and interests can be a the legal security system implementation[5]. Here need special explanation is: the legal service of China's legal aid provided to the recipient object is legal service free of charge, but there is no reduction of fees situation. This and some legal aid foreign legal service, free reduction compared with, it is a not little progress.

From the above we see not hard, our country's legal aid includes four aspects: (1Legal aid recipient objects) is in poor or specific vulnerable citizens, not only refers to the poor cannot afford a lawyer fees. Although the main recipient of the object of legal aid is unable to pay the legal fees of the poor, but there are other situations, such as defendants in the criminal procedure of our country may be sentenced to death can obtain legal aid, regardless of their economic situation and so on. (2The core content of legal aid) is a professional law

[5]Gong Xiaobing editor: "Chinese legal aid system training course",2002Year edition, No.3Page.

The service provider, the legal professionals in law as the main body. The lawyer is the main provider of legal aid, but are not limited to the lawyer, also includes other legal professional and legal service volunteers. (3The important content of the legal aid) is the legal service charge free. Because lawyers need with its professional legal skills are paid to maintain their livelihood, so, in general, a lawyer for the social main body provides legal services are paid, but through the legal aid system, poor citizens may be exempted from paying a fee to receive legal services. Therefore, manifests the public welfare legal aid. (4The fundamental purpose of legal aid) is to maintain in the weak position of the legitimate rights and interests of citizens.

It is not difficult to see, our legal aid system is defined by the law, to provide free legal services for the poor status in citizen program, method, implementation of such a general mechanism of legal norms and management system.