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On the Chinese legal aid lawyers obligations

Author: LiuZuoJun
Tutor: LiuHuaWen
School: Graduate School of the Chinese Academy of Social Sciences
Course: International Law
Keywords: Lawyer Legal aid Legal obligations Government responsibility
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 135
Quote: 0
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Abstract


In China, the legal aid lawyer legal obligations, the lawyer is the main implementation of the main legal aid services. Practice, since the beginning of the establishment of the legal aid system has lawyer to handle a large number of legal aid cases, but worrying is that lawyers providing legal aid services quality is often unsatisfactory. Legal assistance is an assistance to the poor and the weak social welfare undertakings to protect the legitimate rights and interests of the vulnerable groups in society, and can not guarantee the quality of its services, not only fail to achieve its protection of citizens in the principle of equality before the law \exhausted the resources of the final judicial guarantees, resulting in secondary infringement of the right to assistance people. The quality of legal aid Legal Aid of life, so be sure to guarantee the quality of legal aid lawyers. Solve the problem we must find out why, when we look at China's current legal system and judicial practice, it is not difficult to find, indolent lawyer legal aid services fundamental reason is that the lawyer did not fulfill the legal aid services power. Motivation Lack of legal aid and this should not be simply attributed to the obligations of a lawyer. According to Chinese law, and other countries and regions experience, legal aid are government imperative. \2003 issued by the Legal Aid Ordinance \a major highlight of the Legal Aid Ordinance Amendment. However, whether it is from the Legal Aid Ordinance or after the promulgation of laws and regulations, or in the judicial practice, the responsibility of government is always a band, and lawyers obligations and reiterated he was repeatedly emphasized. Repeatedly emphasized the reality effect is unsatisfactory, this is the most realistic critique of Chinese lawyers and legal aid obligations. And, in theory, from the lawyer system, legal aid system, international law and legal point of view, the legal aid are not should be the obligation of the lawyer. Legal aid obligations only lifting the unity of lawyers in law, the state assume the responsibility of legal aid, and assume a leading role, and more investment in material and human resources, in order to fundamentally solve the lawyers legal aid services, high quality real-world problems. Meanwhile, lawyers, social organizations and citizens themselves different social roles and strength should also be more attention and support for legal aid. So that legal aid to embark on a new stage of development, and ultimately achieve its pursuit of fairness and justice. Legal Aid is a national responsibility, the public welfare of the society as a whole, only the positive input of the parties, in order to achieve their goals, and new vitality.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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