北京律师法律援助制度研究

发布时间：2018-05-31 02:30

本文选题：北京律师 + 法律援助　；参考：《中国政法大学》2011年硕士论文

【摘要】：我国目前已将向社会弱势群体的法律援助服务通过立法明确规定为政府的一项责任和律师的一种义务,并配合相关法律法规,形成了一系列配套制度。《律师法》、《刑事诉讼法》、《法律援助条例》等相关条文和专门规定,建立了我国行政机构作为政府主体对法律援助的社会需求统一负责、统一指派,当地律师事务所按照安排承接落实相应案件的具体纠纷解决这一制度框架。同时各地经过近10年法律援助工作的开展,已形成了相应的专职人员队伍、基础设施建设,为经济或其他方面有困难的社会主体解决了切实的需求,反映了我国这一方面的初步成果。北京作为开展律师法律援助工作较早的地区之一,有其自身在资金、人力资源、配套社会保障制度、民众法治意识等方面的优势。但律师法律援助制度作为一种为了满足特定公民需求、实现弱势群体基本人权的社会制度,一种由政府、律师、社会受众综合参与、互动发展的社会实践,其运行机制仍呈现出诸多不足。基于学界已有的相关理论探讨和实践材料整合,笔者经过调查研究、数据整理与采访,初步了解到北京市法律援助制度最近五年的实际运行状况,反应出北京地区律师法律援助制度中存在的张力。一方面社会律师在行政指派的体制内,承受着硬性摊派带来的诸多不利因素,容忍杯水车薪的法律援助案件补贴的不足,但依然以较高的热情努力完成法律援助任务；另一方面,社会律师受到正义与职业道德的感召,发挥自身优势,开展了多种不同形式的法律援助活动,从中涌现了许多广受好评的榜样。与此相应,法律援助处作为行政主体,不能提供社会律师完成的各类不同法律援助案件的具体数据,对于社会律师完成各类法律援助案件应当给予的补贴是否分发到位也没有统计。针对北京市法律援助实践中表现出的这样一些问题,在目前体制下较为可行的对策,首先是改善案件指派的方式方法,这需要以行政主体和律师协会的沟通配合为契机,当然政府的财政保障始终需要加强。其次,广州、上海的成功经验说明目前立法的框架下,各地都有很大改善、创新法律援助实践形式的空间,行政主体与律师可以形成良好的互动关系,即满足社会需求,又促进律师的市场竞争力,同时履行了政府的法定义务,对于北京律师法律援助制度的完善具有启发性。第三,自03年《法律援助条例》颁布实施以来,律师业和法律援助的社会需求已有了很大发展变化,对专职法律援助律师的设置已变得较为迫切,实践中也已经出现了实质上的专职律师队伍。笔者希望北京市司法行政主体和北京市律师协会能够相互理解,良好配合,建立一种行之有效的法律援助制度,完善“官方渠道-社会律师”的整体格局,同时积极建言献策,为我国法律援助制度早日更新完善做出努力。
[Abstract]:At present, legal aid services for socially vulnerable groups have been explicitly stipulated by legislation as a responsibility of the Government and an obligation of lawyers, and in line with relevant laws and regulations. A series of supporting systems have been formed. The lawyers Law, the Criminal procedure Law, the regulations on legal Aid, and other relevant articles and special provisions have been formed. As the main body of the government, the administrative organs in our country have been uniformly responsible for and assigned to the social needs of legal aid. Local law firms according to arrangements to undertake the implementation of the corresponding cases of specific dispute resolution system framework. At the same time, after nearly 10 years of legal aid work, various localities have formed a corresponding team of full-time personnel, infrastructure construction and practical needs for social subjects with economic or other difficulties. Reflects our country this aspect preliminary achievement. As one of the early legal aid areas, Beijing has its own advantages in capital, human resources, supporting social security system, public awareness of the rule of law, and so on. However, the legal aid system of lawyers, as a social system to meet the needs of specific citizens and to realize the basic human rights of vulnerable groups, is a kind of social practice in which the government, lawyers, and social audiences participate in and interact with each other. Its running mechanism still presents many deficiencies. Based on the relevant theoretical discussion and practical material integration in academic circles, the author, through investigation, data collation and interviews, preliminarily understands the actual operation of the legal aid system in Beijing in the past five years. Reflects the Beijing area lawyer legal aid system existence tension. On the one hand, social lawyers, in the system of administrative assignment, bear many unfavorable factors brought by hard assessment and tolerate the insufficiency of subsidy in legal aid cases, but they still strive to complete the task of legal aid with high enthusiasm. On the other hand, social lawyers are inspired by justice and professional ethics, exert their own advantages, carry out various forms of legal aid activities, from which emerged a lot of well-received examples. Accordingly, as the administrative subject, the legal Aid Office cannot provide specific data on various kinds of legal aid cases completed by social lawyers. There are no statistics on whether the subsidies should be distributed to social lawyers to complete all kinds of legal aid cases. In the light of such problems in the practice of legal aid in Beijing, the more feasible countermeasures under the present system are, first of all, to improve the ways and means of case assignment, which needs to take the opportunity of communication and cooperation between the administrative body and the Bar Association. Of course, the government's financial support still needs to be strengthened. Secondly, the successful experience of Guangzhou and Shanghai shows that under the framework of current legislation, there is great improvement in various places. The space for innovating the practical form of legal aid can form a good interactive relationship between the administrative subject and the lawyer, that is, to meet the needs of the society. It also promotes the market competitiveness of lawyers and fulfils the legal obligations of the government, which is instructive to the perfection of Beijing lawyer's legal aid system. Third, since the promulgation and implementation of the legal Aid Ordinance in 2003, the legal profession and the social needs for legal aid have greatly developed and changed, and the setting up of full-time legal aid lawyers has become more urgent. In practice, there has been a substantial team of full-time lawyers. The author hopes that the main body of judicial administration in Beijing and the Beijing Bar Association can understand each other, cooperate well, establish an effective legal aid system, perfect the overall pattern of "official channel-social lawyer", and actively offer suggestions and suggestions. Efforts will be made to update and improve our legal aid system at an early date.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5

【参考文献】