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Criminal legal aid system in China

Author: NieZuo
Tutor: FengTao
School: Southwest University of Political Science
Course: Criminal Procedure Law
Keywords: Legal aid University Press State responsibility Operating mechanism Aid agencies Quality Assurance Appointed defense Economic difficulties Convergence mechanism Civil law
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 310
Quote: 3
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Abstract


Legal aid is an inevitable result of legal system and legal culture development. In the modern word, a perfect legal aid system is an important signal of democracy and legal system civilization. Legal aid system has a development history of thousands of years in western countries. In this article, the author discussed the criminal legal aid scheme in China, and mentioned the problems of the criminal legal aid in our country. Finally, some reforming suggestions in criminal legal aid in our country are given. The thesis is composed of four chapters besides an introduction and a conclusion. There are about 35000 words in this thesis.In the first chapter, a concise explanation of the criminal legal aid is summarized. In the first section of this chapter, by introducing the concept of the legal aid, the author defined the concept of the criminal legal aid, and analyzed the different theory on the nature of the criminal legal aid, which put forward that nature of the criminal legal aid is a kind of the national responsibility. And in the second section of this chapter, the theoretical foundation of the criminal legal aid was discussed.In the second chapter, there was a compared inspection over the criminal legal aid system from the aspects of the mode, the mechanism and the quality-guarantee system. For one country, choosing which kind of mode of the criminal legal aid will produce important influence on the position and development of the criminal legal aid. And the circulated mechanism makes that the criminal legal aid has maneuverability under the mode. Besides this, when different mode has been chosen, there will be differences in the object, the stage and method of implement. Quality-guarantee was a marking which measured that a person owns the right of criminal legal aid from procedure to substance in a country. In one country, to supply the criminal legal aid is not enough, but it is also required that the nation should make a guarantee that the criminal legal aid really can be carried out.In the third chapter, after the analysis of the present situation, the author pointed out the problems of the criminal legal aid system in China. They can be summarized as the following: firstly, on the legislation of the criminal legal aid, the national responsibility has been turned into the social responsibility and lawyer’s obligation, and the legislation itself was abnormal. Secondly, the scope of criminal legal aid was narrow. Thirdly, the presentation of the criminal defendant system influenced the quality-guarantee of the criminal legal aid.In the forth chapter, there was a concept on the criminal legal aid in China. It is not a very long time since the criminal legal aid system been established in China, because of which we do not have much experience. This article try to give some ideas of the reformation of the criminal legal aid system of China on the basis of comparative research: in the legislation of the criminal legal aid, namely, the suggestions are definitely national responsibility and enhancing working talent of the criminal legal aid organization and many outlets which collecting the criminal legal aid funds. In the circulated mechanism, we can extend the object of the criminal legal aid and establish the sanction of procedure. In the quality guarantee system, setting up the choosing defense attorney system in appointment of a counsel and perfecting to a punish mechanism in the criminal legal aid are the valid measures, which guarantees the quality of the criminal legal aid.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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