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1、1Analysis of the nature of the legal aidAbstract legal aid as a legal system, the rights and interests of the parties, for the rule of law in the countrys construction as well as building a harmonious society have a significant and far-reaching significance. Present, Chinas legal aid has played an i
2、mportant role in maintaining social justice and equity role, but also achieved very significant results, but in the theoretical understanding of the legal aid needs further and clarified, in particular the nature of the legal aid this paper is to explore that from the perspective of the nature of th
3、e legal aid, can play a theoretically guiding significance. The Paper Keywords legal system the parties to a legal aid Legal aid was seen as a “legal Hope Project”, I am afraid it hosts not only weak trust and hope, but also carries the burden of legal values and moral expectations. This is necessar
4、y from the origin of the legal aid and legal assistance the nature to illustrate this beyond a system of legal aid. nature of the assistance from the legal point of view, this is a debate many issues, 2legal aid as a system of legal remedies for the poor, affect the vital interests of the individual
5、 to reflect national the nature of one of the signs of the political, economic, and cultural development, but also the impact of a national judicial system construction and improvement of the important issues in theory of legal aid positioning is very important, this paper attempts theoretically to
6、discuss legal aid . First, Chinas legal aid system to establish and develop Legal aid originated in the United Kingdom since 1495, England recognized the poor the right to payment of litigation costs due to the identity of legal aid in the establishment and development of the country began in the Cu
7、ltural Revolution, which came into effect January 1, .1980 : prosecutor court prosecution case, the defendant has not appointed a defender, the peoples court may assign his defenders. defendant is deaf, mute, or minors has not entrusted a defender, the peoples court shall defender assigned to him. “
8、This may be the first to see the new China related 3criminal justice system and legal aid, however, in the Peoples Republic of China by the Standing Committee of the National Peoples Congress on August 26, 1980 lawyer, but did not assume the obligations of the legal aid lawyers should make provision
9、 from the beginning of 1994, legal aid has entered a new period. clearly put forward the initiative of the Ministry of Justice Xiao Yang minister personally, legal aid, and start the establishment and implementation of this system work .1997 amendments to the Criminal Procedure Law of and , these tw
10、o laws implementing the provisions of the ideas and institutions on legal aid, and pointed out that the law The aid is the lawyers obligation to the National Bar Association in the revised November 26, 2001 10 9 clearly stipulates the lawyer should conscientiously fulfill their legal obligation to a
11、ssist the recipient to provide legal help “, and the legal aid lawyer 4should fulfill their legal obligations” issued by the State Council on September 1, .2003 implementation of the Legal Aid Ordinance, the Ordinance provides legal aid system. nature of the legal aid are clear responsibilities for
12、the country, the Beijing Municipal Lawyers Association and the National Bar Association lawyers introduced the practice of this specification, not to mention legal aid lawyers obligations, but modified to “lawyers should be concerned about, and actively participate in social welfare activities.” bec
13、ause legal aid is a government obligation, the lawyer is no longer the responsibility of the main. Second, the legal nature of the assistance Legal assistance, the UK which is defined as free or pay a small case of the poor in need of professional legal help for their help. Judging from the nature o
14、f the provisions at the earliest legal aid as a help of others or the weak, and the object is “poor”, not only the lack of material possessions. beginning, the legal aid as a help for the poor, which is a manifestation of moral, ethical elements and value, at an early stage, legal 5aid donors, not t
15、he interests of more than right, but the legal profession (lawyers a professional ethics. With the development of the socio-political and economic, social, ideological and cultural progress peoples attitudes change from individual-based, rights-based into the social standard, public interest standard, from the point of view of social responsibility, the nature of the welfare society and social welfare, the meaning and scope of leg
