(two) the development process of China's legal aid system

China's legal aid system was born in twentieth Century ninety time metaphase, this is China socialist market economy and legal construction and development to a certain stage of the inevitable outcome. As Marx said: "people always put forward their own can solve the task, because as long as careful study can be found, the task itself only in the material conditions for a solution to exist or at least is in the process of generating, will produce."

1Prior to the founding of new China sprout. Feudal society in China, to implement the "political unity". The local chief executive is also places the highest judicial magistrate. Although the feudal dynasty has the corresponding legal, but because of "combination of all laws", "regardless of people's criminal", legal provisions are not specific enough, great flexibility. The local chief referee cases of arbitrariness and arbitrariness great, case is fair or not, depends entirely on the governor's personal qualities. Plus did not reflect the legal civilization, democracy, scientific spirit of the lawyer system, the parties filed a lawsuit without the help of legal service to others. Ordinary people can afford a lawsuit, because do not need to hire a lawyer and pay legal fees, in the form of its economic situation it doesn't matter. So, the legal aid system is not possible in the feudal society.

Nevertheless, the legal reform in late Qing Dynasty, and puts forward the idea of the construction of legal aid system[6].

[6]Zhang Geng editor: "and" Chinese legal aid system was born, Chinese Fangzheng press1998Year edition, No.4Page.

1906Years, Shen Jiaben to Guangxu emperor played was "criminal and civil procedure law of Qing Dynasty" put forward: "in the event of major cases, national appropriation law; the poor or by recourse to send lawyers generation" rights, do not get paid." But unfortunately, Shen Jiaben this view has not been the Qing Dynasty adopted. During the reign of the northern government, Beiyang Government in1921Years of the promulgation of the "Regulations" provisions of the criminal procedure: "in general court trial, the defendant have invited defense witnesses, defendants in a certain range, the judges decision to dispatch asked rhetorical, and in the end it interrogation, debate, sometimes as the defendant cannot send defenders, the court shall designate a lawyer to defend the." In the later period of Nanjing national government, the legal aid system has been greatly "sprout", established a public defender system, and formulated the "public defender regulations" and "public defender service rules". In addition, also established a "civilian legal assistance" system requirements, lawyers' Association as "destitute negative lawyer fee" "seeks the lawsuit relief and answer legal questions", and establish "the high court following the courts at all levels of civil and criminal procedure" is asked for, asked in the high court of Justice the following the courts at all levels, by the officer of the court proceedings to the court for unknown questioner free answer. At the same time, the civil legal aid also has certain development. For example,1934Years5On Lawyers' Association formulated "bar association with poor legal aids provisional rules" provisions, the poor legal aid will be on "poor destitute" people "to facilitate the" law for the purpose of, for the poor "to explain the legal questions", "proof of legal relationship", "management has justified (reason) the legal affairs", and was not allowed to request help people "from or demand any remuneration"[7]. Such as justice, justice, for the poor to provide free legal aid representative of Li Gongpu's folk in legal aid. As a result, the legal aid in the Republic of China has revealed the state responsibility and legal acts of kindness "double track system" signs, even if it is not much practice, the system is not perfect, mostly stay in some related legal aid legislation documents, but reflects the legal aid system start-up period of the bud, for me in the later establishment is a beneficial attempt to improve the modern sense of the legal aid system.

2The development of the Chinese. After the founding of new.1949Years after the founding of new Chinese until1994Years, only the legal aid system of our country is a good peripheral foundation, the process of legal aid. During this period, although the establishment of the system of lawyers, reflects some legal aid in laws and regulations issued by the many related legal aid, but not without regret to say, legal aid as a system does not appear, even the "legal aid" this concept has not put forward.1994Years later, China's legal aid system has been hitherto unknown

[7]Zhou Zhengyun: "the period of Republic of China's legal aid system", set "Hunan Administrative Cadre Institute of politics and law."2005No.5Period.

The rapid development, though it is only a few years, but basically is concentrated in western countries legal aid 500 years of history. Its establishment and development is mainly reflected in the following three aspects:

One is the practice gave birth to the legal aid system.1992Years, China's first legal aid organization -- Wuhan University "social protection of the weak center" set up. Its purpose is to "protect the weak, and Zhang Zhengyi, sharing love", with the most outstanding lawyer's obligation to provide quality service to help people who need it the most. They set up a youth volunteer service team, in less than four years of litigation200Case, by the society.1994Years1Month, the then Minister of justice of Comrade Xiao Yang in a lawyer working materials first formally proposed the establishment of China's legal aid system characteristics, and written into the "about" China lawyer > discussion draft ".1994Years4The Justice Department agreed to june. Since then, many provinces and cities have carried out the legal aid of pilot work, Guangzhou, Beijing, Shanghai, Wuhan, Zhengzhou city took the lead pilot, and actively carry out legal aid practice.1995Years2Month, the Guangzhou legal aid center is approved, the same year11Month was formally established, become the legal aid institutions nationwide was founded. Guangzhou City Bureau of justice to1993Years2In the first month in official documents the use of "legal aid" is a word. In the city of Beijing1994Years begin to implement the legal aid system, set up a "Beijing City lawyer legal aid".1995Years2Month, the Department of Justice (director) the meeting decided to provide free legal aid, economic difficulties for the parties, legal aid have been launched in various provinces and cities, by the pilot city the development to the dozens of city, and even to the development of a wide range of some within the province.1996Years2The Ningxia Hui Autonomous Region was founded in the city of Yinchuan legal aid center. The same year3Month, Qinghai province Xining City Legal Aid Center was established, and formulated the "Provisional Measures" of legal aid, the legal aid regulations for lawyers, notaries and grassroots legal service field. Also in the3In August, Anhui Provincial Department of justice to all parts of the province, the Municipal Judicial Bureau issued "on the establishment of the legal aid system issues notice" issued, the legal aid work in the province's plan, scheme.1996Years4Month, Jiangsu province decided each year by the provincial finance HuaBa30Million yuan funding for the legal aid work, this is the first national legal aid service funding into the budget of the provinces.1996Years5Month, Sichuan Provincial Legal Aid Center was established, this is the first provincial legal aid institutions. So far, the legal aid work to appear in a pattern of countrywide impact: Beijing model, Guangzhou model, Shanghai model, Pudong model, Wuhan Zhengzhou model.1996Years6In August, the Ministry of Justice issued a "notice" on the rapid establishment of legal aid institutions to carry out the legal aid work, requires all the corresponding "legal aid work management institutions to establish as soon as possible".1997Years5In March, the Ministry of Justice Legal Aid Center and legal aid foundation was established in Beijing, marking the official birth of the legal aid institutions. Each province, city, county, legal aid agencies have been established.

Two is explored to implement the theory of legal aid system. Since the1994Years, theoretical research on legal aid has developed very quickly, there has been research study on the institution of legal aid, such as the Department of justice appointed Research Department of justice on the legal aid institutions.1995Mid year, by the Ministry of Justice Research Institute, our research team composed of lawyers, to conduct a feasibility study on the establishment of the legal aid system of our country, and put forward to explore the basic scheme of establishing legal aid system. Compilation of the "international legal aid Overview", "justice" in Chinese journal opened "legal aid" column, published some influential in the legal aid on the article. Has published some research on legal aid of books and data. Mainly Zhang Geng editor of the "comparative research of the legal aid system", "China legal aid system was born before and after", "China chapter wusheng written lawyer system research", the legal aid center of the Ministry of justice organizations compiled "national legal aid selection of laws and regulations", the Gong Xiao ice editor of the "national legal aid theory", "Chinese legal aid legislation", section Zhengkun editor of "legal aid regulations and normative documents", Zhang Minglin, editor of the "implementation of the Legal Aid Ordinance of the people's Republic of China Handbook". These books and materials, introduces the origin, development and current situation of the foreign legal aid system, and the creation of legal aid in China is discussed theoretically bold and development. In addition, also held several far-reaching legal aid theory seminar.1996Years11In March, the Ministry of justice held its first national legal aid experience exchange and seminar in Guangzhou, on the "China need legal assistance", "China should build a what kind of legal aid system" are discussed constructive, clarify the understanding of some of the legal aid, the necessity of establishing legal aid the ideas win support among the people, for the strong theoretical basis for the development of China's legal aid.1999Years3Held an International Symposium on "legal aid legislation and theoretical issues in Beijing",2001Years10Held the second national legal aid work conference,2004Years4Month held Fifth National intercity legal assistance seminar in Nanjing, signed the "inter city migrant workers legal aid work agreement",2004Years9Month convened the fourth national legal aid work conference in Beijing, the Political Bureau of the CPC Central Committee, Secretary of the Central Committee, State Councilor Zhou Yongkang attended the meeting and delivered an important speech, stressed that all localities to conscientiously implement the Sixteen Party Congress put forward "actively carry out legal aid" requirements, to increase the implementation of "Legal Aid Ordinance". Efforts, efforts to expand the legal aid coverage, to meet the difficulties of the masses demand for legal aid service, to create a social environment in order to maintain social stability and harmony. He pointed out that, the legal aid is the responsibility of the government, but also a social cause, need to mobilize social forces to support and participate in the. At present our country is in a special period of economic transformation, social transformation, various social contradictions and many. To take measures to help, smooth channel, convenient difficult masses to seek legal assistance, guide them to safeguard their legitimate rights and interests in accordance with the law, and properly resolve contradictions. Party committees, governments at all levels to promote legal aid as the rule of law to implement, as an important content of building a well-off society, to further strengthen the leadership, included in the schedule, in the overall planning for economic and social development, included in the government doing things for the project, to supervise and coordinate the relevant departments to cooperate with each other, common to develop and improve the strengthening of the legal aid policies and measures......At this meeting, delegates deeply studies and discusses how to promote the legal aid work.

The three is promulgated a series of basic content of legal aid regulations. From the1994Years with the advancement of the construction of legal aid, in the basic law, the State Department rules and regulations, some of the contents of the relevant legal aid has been laid down.1996Years3Month17Eighth fourth session of National People's Congress examined and adopted the "on the revision<The criminal procedure law of the people's Republic of China>Rules ", the revised" Criminal Procedure Law "for the first time in the form of legislation clearly put forward the concept of" legal aid ", provides the basic principles and framework of criminal legal aid in china.1996Years5Month5The eighth meeting of the fifteenth NPC Standing Committee examined and adopted the "law of the people's Republic of China", this is our country the first bar code, "lawyer law" set up specially stipulated in the "legal aid", provides the basic contents of the legal aid lawyers to provide legal aid, asked the lawyer to pay legal fees to economic difficult parties, established a framework of basic principles of legal aid.1996Years10Month1The date of promulgation of the "senior citizen rights and interests protection law" for the elderly to provide legal assistance to carry out the provisions of the relevant content. At the same time, development of legal aid judicial department in departmental rules file for some specific provisions, there are mainly five1997Years5Month20The Department of justice released "about carrying out the legal aid work notice";1997Years12Month26The day of release of the Justice Department "on legal aid in notarization notification";1997Years4Month9The notice about the criminal legal aid, the Supreme People's court, the Ministry of Justice jointly issued the "";1999Years4Month12Joint notice some problems about legal aid work, the Supreme People's court, the Civil Justice Department jointly issued the "";2000Years4Month24The notice about developing legal aid in criminal proceedings, the Supreme People's Procuratorate, the Ministry of Justice jointly issued the "". What is worth mentioning is, in2001Years3The National People's Congress promulgated the implementation of "the people's Republic of China National Economic and social development in the Tenth Five Year Plan", the first time to write a "establishing legal aid system." This is the first by the highest organ of state power of the legal aid work into the national economic and social development plan, will establish, for the improvement of our legal aid system has a very important role in promoting.2003Years7Month21Day, the State Council promulgated the "Regulations on legal aid". Since the2003Years9Month1The date of promulgation. This is Chinese first national legislation on legal aid, the purpose is to protect the citizens with economic difficulties to obtain necessary legal services, promoting and regulating the legal aid work, marking China's legal aid system has entered a new stage of development. In order to implement the "Legal Aid Ordinance", the Ministry of justice and the relevant departments of the State Council issued a number of documents, mainly:2004Years9Month6Japanese Ministry of justice, the Ministry of civil affairs, the Ministry of finance, the Ministry of labor and social security, the Ministry of land and resources, the Ministry of construction, Ministry of health, the State Administration for Industry and commerce, the State Archives Bureau jointly issued "on the implementation of<The Legal Aid Ordinance>To solve the difficulties of the masses litigation difficult problem. ".2004Years, the Ministry of justice, the Ministry of Construction issued a joint notice "on settlement building in the field of engineering, and wages of migrant workers to provide legal services and legal aid.".2004Years9In March, the Ministry of Justice issued the "lawyers and grassroots legal service workers to carry out the work of legal aid interim management measures", to further standardize the legal aid work.2005Years9Month6Day, the Ministry of finance, Ministry of Justice issued a "central subsidies to local legal aid case fund management Interim Measures" requirements, at all levels of government should be required for legal aid funds into the financial budget, financial departments at the provincial level shall set up a special fund for legal aid and so on, and the provisions of the scope of use of funds, the special requirements of special, shall not be used for the judicial administration department legal aid agency personnel funds and public funds.