(a) the quality management status of legal aid cases

The general public psychology, there are"Good goods are not cheap, cheap no good goods"Understanding. A free public products for the community to provide legal aid as the government, whether to have the quality, or fall into the "cheap no good goods" Convention, all lies in the quality of legal aid cases management.Can say,The caseQualityAdministrationLegal aidWorkThe coreEven to the extent thatThe key to the legal aid system of survival and sustainable development.And for the quality of legal aid cases, but has not been highlighted its core status, whether this is due to the objective factors and subjective factors. Therefore, the quality of legal aid cases management, in practice, not seldom, also is in the primary level.

One of the:The lawyer industry as a whole is still a lack of case quality management standard, scientific.

Modern lawyer system in China started in 1978", to the Provisional Regulations of the people's Republic of China Law"The promulgation of fixed. As everyone knows, the law on lawyers as an administrative nature of the activities, and then the administrative management in China "executive system" mode, the case quality "management" so then, is the embodiment of the executive will, no scientific, standardized management. In 1996 the "Lawyers Law of the people's Republic"The promulgation, implying that the modern law system of our country to develop a new milepost. Has milepost in China code, but also does not have the standard lawyer service quality management content. Law firm internal management rules of the Standing Council until 2004 by the all China Lawyers Association "(for Trial Implementation)"In the thirty-fourth article, "the law firm shall establish service quality management system, the lawyer's service quality tracking supervision." Obviously, only this system is still not standardized management guidelines, forms the case quality.

The status quo of two:The legal aid system of public welfare and the creation stage, affects the making of legal aid case quality management system.

In Chinese "legal aid" in 2004 fourth coil a language in paragraph, the quality problems of legal aid cases very thorough analysis, "legal assistance to praise some degree of cover on legal aid quality concerns and criticism, the difficulties of the masses, to obtain legal services free of charge may consciously or unconsciously decrease the legal aid service demands, on the part of lawyers, a small amount of the subsidy or without subsidies, also makes it less so far straight gas Zhuang guilt for their Jerry behavior."In the process of legal aid, the public welfare legal aid cases, determine its service and returns are not equal, assistance service to service non voluntary degree is high, the subjective "be in the right and self-confident" led to the neglect of legal aid cases of the management of the quality of the opposite side; the quality of the recipients, but not the identification of legal aid. In addition, since 1994, our country's legal aid system in the creation stage, the main task is to institution building, also makes the objective quality of legal aid cases management lag.

The status quo of three:The current attempt to legal aid of the case is still in the initial stage of quality management.

At present, the national legal aid case management, the only "four unification" (unified, unified examination, unified admissibility assignment, unified supervision principle regulations). No other national legal aid case management system. Because the case quality is important for the development of legal aid work, all do exploration in different degree, which are good examples. Such as, the Anhui province Wuhu City Legal Aid Center of the case quality to establish the "file checks", "the recipient feedback", "the basis of understanding", "trial hearing" and so on system, quality management. Jiaxing province Zhejiang City Legal Aid Center formulated the "measures" the quality of supervision and management of the case, take out quality tracking cards, typical cases to court, the case file material return, review and evaluation, the system of case quality comments inspection supervision on the quality of legal aid, and will handle the quality of legal aid cases linked to the subsidies, supervise the legal aid staff dutifully carrying out the legal aid work. In order to ensure the quality of handling legal aid cases, difficult cases on legal aid work, make discussed by the Municipal Committee, guiding the case handling activities. Shandong province Yantai city set up legal aid monitoring group, members of the Municipal People's Congress, the CPPCC members, prosecutors, judges, arbitrators and workers, women, the old, young, disabled and other organizations working personnel and lawyers, supervisors will participate in the discussion of major, complex, difficult cases, and great social influence, listen to the hearing of the case, to visit or call the recipient, the public prosecutor, the trial personnel, timely understanding of the progress, to supervise and check the quality of legal aid cases. A member of the board of deputies, CPPCC members mainly supervision has significant social impact aid cases, prosecutors, judges, arbitrators is responsible for the case of trial hearing, community legal department staff supervises the scope of their respective rights within the legal aid cases, lawyers supervisor responsible for the supervision of most of the other cases.

(two) existing problems of quality management of legal aid cases

The quality of legal aid cases management at present, at least the following problems:

First, the management of non institutionalized. From all over the quality of case management point of view, some places on the quality of case, still stay in turn by the undertaking lawyer own control. Western saying goes, "the general is unreliable." Long term, the overall quality of case, can not rely on the undertaking lawyer, or a leader's quality guarantee, human security is a matter of expediency, depends on the system, rely on advanced system.

Secondly, the single management method. From the case management are present throughout the trial run, management methods are the vast majority of the supervision measures. From the management point of view of supervision, supervision is only a part of management. Supervision cannot be comprehensive management, supervision is often after the management, can not solve the quality problems, timely so, supervision is not continuous quality improvement. More attention is, supervision and management often form "rule of man" management, arbitrarily large, difficult to implement the decision, also can not mobilize the enthusiasm, creativity of lawyers.

Third, the lack of systematic management. Case quality management at present, still did not have a full management, multi dimension management, no systematic, scientific.

Finally, lack of performance management.According to the Ministry of justice official website the latest statistics, "Legal Aid Ordinance" (hereinafter referred to as "Regulations") formally implemented since three years since September 1, 2003, the country for legal aid in criminal defense cases, lawyers defending opinions are adopted and proportion was adopted by the basic maintained at around 80%, while in the case of legal aid in the majority of civil cases, the win rate remained at more than 90%.

The win rate is not equal to the performance index.For the interests of the case, legal aid maintenance of social interests, cost control, did not involve.

(three) the quality of legal aid cases management trend

"In the legal aid work, institution construction is the foundation of legal aid management, system construction is the guarantee of legal aid management, the quality of supervision is the key to the legal aid management and the legal aid system to survive and maintain the sustainable development and lasting vitality."ByJanuary 25, 2007, all levels of government in our country has established more than 3150 legal aid agencies, legal aid staff working staff of more than 11700.The deputy director of the legal aid center of the Ministry of justice Sang NingIn January 25, 2007, Nanning held national legal aid director meetingSay, for the convenience of the masses to apply and obtain legal aid institutions, actively promote the construction around the network of legal aid. By the end of last year, the legal aid institutions in rural community to set up legal aid station more than 4, in industry, green, women, the old, disabled and other social organizations to set up legal aid station more than 1. Some places still community, village of establishing legal aid team. Jiangning District, each street legal aid workstation of Nanjing city has 1 to 2 full-time staff.Can be inferred, the current our country legal aid system to create the tasks phase has been basically completed, should enter into a new stage -- the development and improvement stage.

The origin of the above situation, in theThe Ministry of Justice"Development plan of the legal aid cause "eleven five" period", the Ministry of JusticeAccording to the "economic and social development of the Eleventh Five Year Plan" and "national judicial and administrative work of the" eleven five "plan", formulatedThePlanning, define the guiding ideology, principles and objectives and tasks over the next five years the development of the legal aid cause, to further promote the coordinated development of the legal aid society and economy.Among them, the preliminary legal aid service quality monitoring bodies to schedule a series of operational. The plan explicitly, "through the establishment of a sound legal aid service quality inspection system, quality released track inspection system, the quality complaints supervision system, to explore the establishment of evaluation system of legal aid service quality, and gradually improve the effective legal aid service quality supervision mechanism, ensure the legal aid service quality." Then, in the Justice Department, the departments or bureaus directly under the unit "conscientiously implement the anti-corruption task division conference" in the file, the legal aid center of the Ministry of justice to further clarify the legal system: "with our complete" legal aid service standards and evaluation methods (for Trial Implementation) "," the social organization of legal aid regulations "," the law aid agencies standardization construction guidance "," legal aid economic difficulties proof system and operating rules "," legal aid personnel behavior standards "," legal aid statistical work management approach "and" on the "eleven five" during the perfect legal aid system of standardized implementation opinions "7 departmental regulations the trial introduction work." These policies, the legal aid cause needs case quality management. Management of national legal aid work is management, from the moral supervision, to management on the significance of the management.