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北美作业代写:Legal aid

2018-05-12 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Legal aid,供大家参考学习,这篇论文讨论了法律援助。法律援助,是为世界上许多国家所普遍采用的一种司法救济制度,指的是对因经济困难及其他因素而难以通过通常意义上的法律救济手段保障自身基本社会权利的社会弱者,减免收费提供法律帮助的一项法律保障制度。它作为实现社会正义和司法公正,保障公民基本权利的国家行为,在国家的司法体系中占有十分重要的地位。

Legal aid,法律援助,essay代写,paper代写,北美作业代写

China is a large developing country, with tens of thousands of people in difficulty, and the lack of money to fight lawsuits often happens. The ministry of justice approved the establishment of a national legal aid center in December 1996 to promote the rapid development of the national legal aid pilot program. In September 2003, the legal aid ordinance of the People's Republic of China the establishment and implementation of the implementation of the legal aid system, is to strengthen socialist democracy and improve the objective requirement of the socialist legal system, is the important content of perfecting the socialist spiritual civilization construction and practical steps, is an important legal measures of building a harmonious socialist society.

Article 33 of our constitution stipulates that "citizens of the People's Republic of China are equal before the law". This is the basic principle of the socialist rule of law, which is clearly stipulated in our constitution, and it is also the primary connotation of fairness and justice. The fairness and justice that all organizations or individuals pursue and the realization of fairness and justice can only be recognized and accepted by the public. The core of the scientific outlook on development is based on people-oriented, adhere to the people-oriented, is to practice the basic aim of serving the people wholeheartedly, the legal aid system is the essence of "the people's interests first" requirements, at the same time also reflected the legal aid system for practical guarantee of fundamental rights accorded to citizens by the law, for protecting human rights is the solemn commitment of our party and country, for the minors, women, the elderly, the disabled and other vulnerable groups to give special protection, is more love and care for special groups, to protect their rights, the maximum to avoid the occurrence of violence; It not only contains rich moral values, but also an important measure to guarantee moral civilization in an institutionalized way.

"Fair, just and open" is the pursuit of the highest state of law, litigants due to objective reasons can not normally perform their litigation rights, as the fact that the government cannot stand by and can't and the constitution of the main idea of "everyone is equal before the law" spirit prevailing practice, the legal aid system in the judicial system of operation of each link and each level, is to carry out socialist concept of rule of law "governing the country according to law, law enforcement for the people", the concrete implementation of the legislation is the starting point of fairness and justice, judicial fairness and justice is the last line of defence, only in each important link of the construction of the rule of law is fair, Justice of the rule of law to play its proper value and function, from the perspective of system value, legal aid is conducive to promoting social justice, which mainly through judicial justice to realize social justice.

The implementation main body of legal aid is a lawyer, the chapter 6 of the regulation: "citizens in support, inductrial injury, the criminal litigation, request of state compensation and grant pension etc in accordance with the need to get a lawyer to help, but cannot afford lawyers fees, may obtain legal aid in accordance with state regulations. A lawyer must undertake legal aid obligations in accordance with state regulations and provide legal aid to the recipient. Therefore, the legal profession as an indispensable profession plays an important role in the rule of law. Sum up experience and deficiencies in time in case, is the implementation of the overall situation for the code of conduct, is working to serve the overall situation as the inspection standard, the legal aid system is to carry out the overall situation of socialist rule of law service requirements, the foothold official duty, earnestly fulfill their responsibility, play to the functions of good, improve and perfect the legal system.

Harmonious society, everyone has the equal legal status, especially for those people who work in the weakness of the social or economic status, the social from all walks of life to realize the justice and equality. In harmonious society, everyone's actual constitutional rights, can be able to pass an effective system to safeguard the legitimate rights and interests of oneself at the same time, equally close to such measures, the legal aid system, as a platform, connected to each civil subject and civil procedure. Development to improve the purpose of the legal aid system, is to realize citizens individuals have the right of equal litigious right, is that everyone can through the justice procedure to solve a civil dispute in the form of civilization, plays an important role in the construction of a harmonious society.

In general, the applicant must have sufficient justification for legal assistance to protect his or her lawful rights and interests, and must be a citizen who cannot afford to pay attorney fees.

From the aid cases provided in recent years, it shows that the legal aid in the field of criminal defense is a major feature. The provisions of the legal aid regulations also embody the spirit of the legal aid right of the defendants in the protection of criminal proceedings, and stipulate the various stages of the criminal litigation field. The criminal suspect, the defendant and the victim may obtain legal aid through application or designation.

At present, the target of legal aid is mainly the people living in poverty and some special social vulnerable groups, so the focus of legal aid should be put on the grass roots. However, due to cultural differences, some people in the media to see the public service ads on legal aid, legal aid, but did not know what is the meaning of the aid is where, visible, the essence of the assistance or want to the countryside for propaganda and personally answer folks do can play a good role, which requires judicial workers play the enthusiasm of the labor of duty, organization and explain, more publicity.

Article 3 of the regulations clearly states that legal aid is the responsibility of the government, and the people's government at or above the county level should take active measures to promote legal aid work and provide financial support for legal aid. Visible, legal aid is a sunshine project is a public welfare undertakings, to shoulder the burden of the social harmony, but some government departments to work the idea of value is not enough, even there is "be frightened by this trouble" "do not please contribute" wrong ideas, a patient comes to push and push, the nature of their work showed great indifference and passivity. To make the patient "law cannot be dependent" on the right to exercise the rights granted by the state, such a result only aggravates the social contradictions and does not resolve the contradiction.

Legal aid work is essentially a special public welfare undertaking, which needs the support of government, legal workers and the extensive participation of the public. Has a lot to the imbalance of the economic development of our country, economy is backward area, the more you will need legal aid workers also, legal aid of the national decided the government must to bear most of the cost of legal aid. However, the government's financial input to legal aid is always limited, and the government's full legal aid costs will cause the government's financial burden. So the government should through administrative means and legislation, which requires legal aid relationship parties subject to share costs, for example, corporate sponsorship, local taxes, such as way to increase the source of legal aid funds.

"State respects and safeguards human rights" and "citizens are equal before the law" the constitution, the principle is the guarantee citizens enjoy equal justice of legal protection, improve the social security system, the human rights safeguard mechanism is an important legal system. Only by constantly improve and perfect the legal aid system, to keep the difficult people to provide legal aid for the society, help to carry out the further standardize and strengthen the legal aid work, promote the judicial justice, perfecting social security system, to further promote the social civilization progress in building a harmonious socialist society, suggested the following:

The research found that aid agencies to accept migrant workers aid case, largely confined to the civil aspect, such as the return of labor remuneration, inductrial injury claims, personal injury compensation, etc., is actually very narrow in scope. Therefore, the legal aid center should strengthen its external relations and mobilize all relevant departments of the society to participate fully and fully support the work of legal aid. For example, establish a cohesive mechanism with the labor arbitration department, give full play to the mediation function of labor dispute, and try to resolve internal contradictions within the minimum scope. Again, such as: make full use of the disabled persons' federation, and localities, volunteers association and other existing resources, the school of college students in major of law, to recruit a group of volunteers, legal aid society encourage them in this industry to implement legal aid. Encourage teachers and researchers with good legal knowledge to contribute to legal aid work.

Establish guarantee mechanism and the safeguard of legal aid, in the current appears to be very important channels, widely open up government funding outside of the legal aid fund raising channels, and make full use of social resources to support the legal aid cause. We should strengthen the management and supervision of the use of legal aid funds, and establish a sound financial system.

Now is a network era, because of the high and low, high-tech technology content of culture but also the culture of lower-level staff stranded in front of the network, how to solve the realistic problems, through a variety of ways, in addition to the use of magazines, newspapers, radio, and other media and by means of law to the countryside, the legal consultation, further strengthen the propaganda of legal aid, we can be in place at the grass-roots level such as to set up the police, the legal aid center make contact the card's way to inform people, or justice judicial basic knowledge training of village cadres, Strive to "emotionally close to people, respect for the masses in mind and action go deep among the masses", perfecting social security system constantly improve the cultural quality and legal consciousness of the vulnerable group, and make for the interests of the broad masses difficult concrete implement principle. We will further enhance our conscientiousness, sense of responsibility and sense of urgency in the work of legal aid, and work hard to achieve results.

The essence of the "Chinese dream" is to achieve national prosperity, national rejuvenation and people's happiness. The "happiness feature" of further social harmony. The fundamental purpose of the Chinese dream is to achieve good, maintain and develop the fundamental interests of the overwhelming majority of the people and thereby enhance the happiness index of the whole society. Improving the happiness index is a complex system project, considering both material factors and non-material factors. The economic foundation determines the superstructure, fundamentally speaking, to further promote the level of social harmony. Often to see if a country's legal system is perfect, is about to see whether it's legal aid system is perfect, for China is in the high-speed economic development, the legal aid system in China's social security system in a very important position, China should invest in the construction of legal aid system, efforts to improve the deficiency of legal aid, legal aid for the citizens to offer aid within our capabilities, to ensure judicial human rights, perfect the social rescue measures, building socialism with Chinese characteristics, and play an important role in building a moderately prosperous society in an all-round way. Therefore, the Chinese dream is rooted in the dream of the people. It must be realized by the people, and it must continue to benefit the people in order to achieve lasting and stable harmony.

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