There is discussion of the basic legal aid network construction problems and Countermeasures

 

At present, the legal aid network system gradually perfect, the legal aid work in the legal protection, network construction, team construction, in performing their functions, the guarantee of funds has made gratifying achievements. But there are also some problems, especially the function of local legal aid network play is restricted. How to give full play to their functions in constructing legal aid network base? According to the present situation of Yuqing County legal aid network construction and the existing problem as an example, the construction of legal aid network grass-roots work, for your reference.

 One, our county legal aid network construction present situation

Jurisdiction over 9 towns of Yuqing County in 1 townships, 69 villages (communities, neighborhood), the total population of 293000 people , agricultural population of more than 26.1 people, the typical agricultural county. At present, the county has established perfect standardized legal aid center 1, township legal aid workstation 10, key institutions legal aid Workstation 7, organization of social legal assistance in 7, the village (neighborhood) legal aid reception room 69, legal aid civilian mediation room 59. The county a total of legal aid service personnel 23 people (3 lawyers), liaison, 168, information worker 2486 people, , formed the County Legal Aid Center as a leader, town (township) legal aid station as the foundation, the village (neighborhood) legal aid liaison office to complement the three levels of legal aid system. Yuqing this "house style" "let the legal aid came to the people, let people understand the legal aid, the most remote mountain masses at home can apply for legal aid by telephone and other means.

1Current situation, county legal aid center.Yuqing County in 2002 January set up legal aid, legal aid center as the first grade three level network, plays a leading role in the network, it is responsible for the organization of the responsibility in legal aid work, responsible for the agent and assigned legal aid cases, inspection supervision cases, but also bear the command, guidance and assist legal aid stations (points) the job duties. Various aid cases in recent years the County Legal Aid Center to receive a trend of increasing year by year, the effect is more and more broad, unified the social effect and legal effect. Before 2007, the county for all kinds of legal aid cases 56 pieces; the 2007 for 149 years; 2008 for 176; 2009 for 239, 2010 has been handled 161 pieces, 146 people visit reception of migrant workers, migrant workers to recover arrears of wages 2510000 yuan, the compensation funds 1320000 yuan. Yuqing County legal aid work in 2007 by the Municipal Judicial Bureau awarded the collective three, 2008 years by the provincial government awarded the advanced collective 1, advanced individual 1. County Legal Aid Center received the gift pennants and recipient thank you notes, director of the County Legal Aid Center in 2010 May by the Zunyi Municipal People's government as "honor the advanced worker" title.

 2Current situation of township legal aid workstation.9 Yuqing County town 1 townships established legal aid workstation, the local justice as the main body, main duty is responsible for the preliminary examination of the application for legal aid within its jurisdiction and simple civil suit legal aid attorney in litigation, mediation and other non litigation legal aid services. Combined with the legal aid center and aid stations gradually formed the institution. County Legal Aid Center will have entertained the case classification, township judicial institute participate in the mediation to provide legal aid cases, in accordance with "where I come from, where to" principle, to ensure the continuity of case handling, so that the recipient of the parties timely access to relevant legal services. Such as Dragon Town legal aid station 2009 independence for the legal aid cases there are 21 cases, non litigation legal aid cases 14, write legal documents in 13 copies, answer the legal advisory 203 passengers, the area of the legal aid work level and the effectiveness of the obvious improvement.

 3The village (neighborhood), the status of legal aid work.Justice Bureau of Yuqing County in the county town of nine village were issued "on the village in the county (home) project" the construction of legal aid network room, has established a special leading group and office, bureau leading Party group personally deploy, the village (neighborhood) legal assistance liaison room construction work into the important part of the work assessment, and introduced specially the quantitative assessment. Entire county 69 villages (neighborhood) liaison office, legal aid and the new rural construction "four in the farm" demonstration sites and major traffic arteries on both sides and other public places, in strict accordance with the "provisions of Guizhou Province, the Legal Aid Ordinance amendment" and "Legal Aid Ordinance", in the Office place eye-catching position established civilian signs, unified service identification; the establishment of publicity column, service and supervision, work flow diagram; at the same time, specify the legal aid conditions, application procedures, supervision of telephone complaints and the establishment of supervision posts, and the public commitment, provision of legal aid services free of charge, widely accept supervision by the masses.

Two, existing problems

Yuqing County Legal Aid three level network of operation to date, while obtains the result, but also show some weak links.

(a) functions."Legal Aid Ordinance" clearly stipulates, the people's government at or above the county level should be responsible for providing legal aid obligations. That is the subject of state to provide legal aid to the function has only stipulated to level three network of Legal Aid Center in the first stage, and the function of the legal aid station, even in the implementing regulations of the provinces since there is no generalization is proposed, which resulted in the legal aid work without a inaction. The requirements of the new situation in the system of legal aid network in China to promote the deepening, extension of rural public network, only give legal aid station, more clear, more extensive job function, to enable them to share in the legal aid is increasingly heavy tasks, to meet the demand for legal aid of vulnerable groups, to achieve convenient objective.

(two) the lack of staffing and funding sources.The legal aid center of county administrative preparation of 3 people, be responsible for the legal aid case, distribution, agency, supervision, office expenses and the subsidy from the appropriate government full; 10 towns and townships throughout the county level legal aid station, 69 legal aid points no full-time staff and specialized funds, reimbursement agent some subsidies only. Legal aid station, working mainly on Township judicial institute, the village (neighborhood) commission to take on Extra Long Xi, for example, internal legal services a, including judicial administrative personnel 1 people, 2 people of legal workers, are illegal in the town, the legal aid matters all by the judicial and legal services a total of 3 staff responsible for. 8 Cun Long Xi Zhen (JU) under the jurisdiction of the Committee of legal aid in the cadres, the undergraduate course school record 16 people, college and below 21 degrees, no one is law professional learning. No funds plus, the two level network work is difficult, lack of stamina.

(three) the propaganda should be strengthened.According to statistics, the County Legal Aid Center or the application for legal aid masses, 30% are local residents and permanent residents, most of these people do not know where the town (township) as well as the village (neighborhood) provided with legal aid station, point, but do not know their problems completely can be solved through legal aid station. The legal aid station (point) direct treatment of the legal aid matters, often in judicial or village (neighborhood) Commission presided over mediation mediation process, after mediation personnel guidance was parties know and apply, after several years of continuous investment, legal aid work is more and more difficult for the masses are familiar with, but the legal aid station, social awareness is far less than the legal aid center, causing legal aid center work burden, legal aid station (point) effect is not obvious play.

Three, countermeasures and suggestions

Legal aid three level network, making Yuqing County legal aid work has the advantages can be realized through, timely response, linked up and down, very much in line with the actual needs of agricultural county legal aid work. We should take the following aspects:

(a) location management system.Legal aid is a government project, legal aid agencies at all levels to perform the services for the people on behalf of the government responsibility, legal aid center belongs to the judicial administrative organs at all levels, undertakes the dual functions of management and service. 1, the county government should include a legal aid agency, leadership and management, responsible for the legal aid work organization and implementation and operational guidance, and county legal aid center positioning zhengkeji (or deputy) unit, endow it with the corresponding authority management. 2, the unified legal aid center identified as administrative establishment, personnel increased to at least five to seven people in order to ensure the normal work of. Should additional specialized in legal aid work 3 jobs, the grass-roots judicial, arrange for professionals, specifically responsible for legal aid within the jurisdiction of the trial, to provide legal advice, contact the recipient object, to meet the conditions of legal aid of people's mediation.

(two), the appropriate deployment integration team.So far, the legal aid station, function is not sufficient, the main reason: 1, preparation, personnel not only, not for business not only "three not only" phenomenon caused by. Specifically designed coding, selection of talents, continuity and maintain the sustainable development of legal aid work. 2, office funds did not receive special support from the government, in business to implement horizontal expansion, to the passive service of traditional active door-to-door service. Therefore, to ensure that the work of three level network within the smooth and orderly convergence, can only rely on the overall Dispatch Legal Aid Center, flexible, work initiative to take some effective measures to mobilize the legal aid station, point. In terms of personnel, in addition to the public welfare legal service system strength, also can perform bidirectional interaction, such as provisions between, aid center and aid station staff assistance and aid point personnel each week to conduct a "rotation", given the duty personnel appropriate subsidies, arouse the working enthusiasm liaison, etc.. Liaison and information member 3, the existing legal aid station, basically is according to the spirit of the document requirements are temporary, existing workers are not professional, lack of dedication and other aspects of the problem, an important reason for the legal aid network not functioning properly. In the "transition stage of village election", volunteers and social organization strength can not be underestimated. Encourage social forces to participate in the legal aid to make up the existing legal aid staff, lower quality of work and working enthusiasm is not high and low efficiency problems. Legal Aid Center at all levels should encourage legal aid station (point) social organizations and volunteers to participate in civil disputes mediation mediation, through the timely intervention, full participation, to achieve convergence mechanism of legal aid and the people's mediation, thereby expanding the non litigation legal aid case, additional financial difficulties, and fully mobilize the enthusiasm of the social organization's participation in legal assistance, the first dispute mediation legal guarantee for comprehensive.

(three) in funds.In close cooperation with the trade unions, women's federations and other 1 transverse legal aid member unit, solving the three level network part funding problems with "the government" way. Through the application of special funds to hire lawyers to government, society needs to help women workers, the provision of legal aid, legal aid center can use this platform, with the units of communication and coordination, the shunt part of legal aid cases, the legal aid station, point to concentrating on non litigation legal aid matters. 2 for the township government the legal aid funds included in the expenditure of township finance. In 2008 the Zunyi Municipal Bureau of justice appraisal has township fiscal budget funds of legal aid as the examination content, but my county township on the legal aid work are not included in the budget. At present, the western region is still stay in the counties of county budget and appropriations, and township finance only by comprehensive implementation of the total budget funds, fell on the legal aspects of funds is almost no, not to mention the legal aid funds, resulting in the township (town) legal aid area of the station, the village (neighborhood) focal points of work can not be carried out legal aid cases, some tension because of the cost and more formality. Therefore, township government should earnestly implement the central, provincial, city spirit, to ensure that the funds operation, realize the separate budget funds, earmarked, and effectively solve the problem of township (town) legal aid funds, resolve the practical difficulties of grassroots legal aid. 3, in addition to the judicial administrative organ for the grass-roots government, government and industry departments of provincial, city, more should give policy guidance, strengthen management, so as to effectively implement the local government responsibility. 4, in addition to the central government, county case subsidy budget, should also increase the construction of the legal aid network hardware, software configuration funds and daily work.

(four) under the jurisdiction of service convenience, strengthening propaganda and stabilize the toes.Position the three level network functions "top-heavy" ills, is restricts the legal aid station (point) DOSOMETHINPREVIOUSLYUNRELEASED bottleneck, to ensure the legal aid three level network always has a strong vitality, it must be assigned to each network must "for" space, only "for", "promising", this the network will develop "a". In recent years, the acceptance conditions of legal aid cases in Yuqing County, the non litigation business (mainly civil mediation agency, legal advice) increase year after year, and the requirements for legal aid office level, skill do not need to reach the professional level, advanced skills to handle litigation must, legal aid station, the general staff can directly or through the training competent. In this regard, we can within the scope of the law, will be gradually this kind of non litigation business all down to legal aid station (point) management, County Legal Aid Center to retain only the inspection, supervision and examination authority, the foundation function through sinking way to lay a solid legal aid three level network.

(five) to strengthen the propaganda, expand aid surface.The legal aid work oriented society, serve the people, is the bridge between the party and government are closely linked with the masses of the people.However, the legal aid system of our country is still in the embryonic stage, late start, need to vigorously promote. Therefore, to strengthen the "Legal Aid Ordinance" propaganda, make full use of radio, newspapers, magazines and other news media to the basic knowledge, the social from all walks of life vigorously publicize legal aid hand, let the leaders recognize that legal aid is the responsibility of the government to the party and government with the masses, reflect the party and the government to care for social vulnerable groups the. On the other hand, vigorously carry out the legal aid into the country activities: one is the propaganda in the countryside. Legal aid in "village village, into schools, into the site" three activities, to the school, the village and the villagers provide legal services, legal aid to heart card, expanding the coverage of legal aid, improve legal aid awareness, let more rural difficult masses benefit. Two is the legal consultation into the rural areas. Legal aid rights port forward, combined with the publicity activities, through legal consulting, issuing materials, case and other forms, for the construction of rural law needs interpretation. Three cases in rural areas. Positive for agriculture related legal aid cases, the farmers as the focus of assistance, the convenience measures, receive priority audit, timely designated to handle, safeguard farmer timely access to legal assistance. Increase the migrant workers legal aid efforts, in order to solve the wages of migrant workers, medical accident, traffic accident, accident compensation as a key assistance matters, give active management. Encourage and guide the legal service workers, play to regional and professional advantages, actively develop the rural legal assistance. Four is the mediation in rural areas. Relying on the township legal aid workstation and village (neighborhood) legal aid contact point, the legal aid and the people's mediation organic combination, increase the non litigation legal aid management, strive to resolve rural contradiction. At the same time, the number of non litigation legal aid cases increased, the scope of accepting cases is also gradually expanding, maintenance, upbringing, from simple neighborhood disputes, development of the legal aid for inductrial injury accident, traffic accident, labor disputes and other complex cases, effectively solve the vulnerable people, "can not afford a lawyer, does not have the lawsuit" problem, not only save the cost of protection, and maximally meet the legal requirements of disadvantaged groups.

                                                The legal aid center of Yuqing County  Wang Dingke