| Legal aid system is a legal system in which the countries provide the helps of free and decreasing fee for the poor and the party of special cases in order to ensure to carry out their advantage, which is adopted by most of the world. Legal aid system is a certain result of the developing of human being's legal civilization and the culture of legal, and a mark to judge the level of rule of law and the civilization. In our country, the legal aid system established very lately, and it was formally established in our country until The Rules of Legal Aid was issued in 2003. In practice, the legal aid system is not in good condition. Its function which protect judiciary human right, guarantee society, keep social order stable and perfect law and regulation, have not taken effect.In this paper, we take the supply and demand of the legal aid of DongGuan city as a sample, and analyse the actual operation of legal aid with empirical research, then find that the issues of it. On this basis, according to the actual situation in DongGuan, we design a workable reform programme of action of the legal aid system.This paper mainly includes the following:1. Introduction. Why do we choose legal aid as a research object, and study DongGuan legal aid. Legal Aid is not only vital to the public's rights, but also involves interests related to social stability, social justice and whether some basic propositions of law are valid. Therefore, studying the legal aid system has an important theoretical and practical significance. Choosing legal aid of DongGuan as an object of investigation, is based on three considerations: First, the possibility of access to investigative resources and convenience; Second, the DongGuan legal aid is typical and representative; Third, the reform of the possibility of the implementation of action programme.2. The status quo of the supply and demand of legal aid in DongGuan. Through empirical research, we find the problems that exist in Dongguan legal aid. From the aspect of quantity, the potential demand of legal aid is great and the supply of it is very limited, which leads to a shortage of legal aid. From the aspect of the quality, the quality of aid is not high.3. The existing solutions. Introduce the measures which have been taken to address the imbalance between supply and demand, and analyse the deficiencies of them.4. The reasons for the poor operation of DongGuan legal aid system. The shortage of the resource of legal aid and the absence of the incentive mechanisms leading to legal aid are the main reasons for the conflict between supply and demand. Legal aid fund is the most direct and practical factors which has something important to do with the scope of legal aid, and directly determines the total number of legal aid that a government can provide, and the number of legal aid cases. As the incentive mechanism is missing, the initiative of the subjects who carry out the legal aid is not high, and the fund and human resources are limited. The lawyers did not maximize their enthusiasm, which leads to low level of quality of legal aid service .5. Reform programme of action of DongGuan Legal Aid System. According to the specific social environment and economic conditions of DongGuan, we design a legal aid reform programme of action that aims at expanding the coverage of the legal aid and improving the quality of legal aid service , in order to provide more people for high-quality charge-free legal services. The incentive mechanism for legal aid is divided into different groups: the incentive mechanism stimulating the lawyers, the incentive mechanism urging the legal aid staff, the incentive mechanism stimulating the government, the incentive mechanisms encouraging the society, the incentive mechanism encouraging the colleges and universities. If the functions of legal aid system which maintain the social stability and assisting the development of the economy of the legal aid took effect, the government would augment the manpower and capital input of legal aid. Encourage the individuals and the community organizations to provide financial support for the legal aid by economic incentive. Internal incentive can encourage the college students to participate in the legal aid activities. For lawyers and legal aid staff, the positive economic incentives, value naturalization and the negative incentives combined can stimulate them. At the same time, introduce the new agency ways—the collective agency and party-centered agency, and improve the other relevant provisions, such as clarifying the criteria of the legal aid recipient eligibility; intervene the proceedings early, whether offer criminal cases the legal aid is determined by the Legal Aid Center; produce a list of names about the lawyers who can provide the applicants with the legal service; the party who receives legal aid shares the cost of litigation; the party who loses the lawsuit pays the litigation fee.6. Conclusion. The legal aid system is related to the immediate interests of the people and the stability of society, so reforming it should adopt a scientific manner. Adopting the method: pilot reform - assessment - promotion, can reduce the resistance to reform, and minimize losses if the reform fails. |
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