论基层法律服务所的发展
发布时间：2018-10-21 14:41
【摘要】：文章首先回顾了基层法律服务所的产生及其发展历程,简介国家在不同时期对其的性质功能定位,主要表现为定位的反复和不连续；概括了基层法律服务所的基本特征,主要表现为性质和功能的复合性。接着文章提出了影响基层法律服务所发展的三个障碍。一是国家在基层法律服务所政策方面的问题,主要包括：基层法律服务所没有明确的法律定位；基层法律服务所执业诉讼代理依据不清、不合法；对基层法律服务所从业人员的执业资格标准要求过低；基层法律服务所挂靠乡镇司法所现象普遍存在。二是在基层法律服务所执业市场方面存在的问题,主要包括：基层法律服务所从业人员与律师的执业冲突；基层法律服务所业务领域难以拓展；对基层法律服务所的监管薄弱。三是在基层法律服务所从业人员队伍方面存在的问题,主要包括：基层法律服务所从业人员业务水平不能胜任执业需要；一些基层法律服务所从业人员缺乏职业诚信；基层法律服务所从业人员执业困难、缺少保障。针对基层法律服务所发展的障碍,文章深入剖析了这些障碍的成因,主要包括：国家对基层法律服务所政策规定的不完善是导致其立法、体制等方面缺陷的根本原因,对基层法律服务所管理主体的问题、管理权限的薄弱、管理手段的缺乏是监管不力的根本原因,对基层法律服务所从业人员教育培训不足是其水平低下的根本原因。基层法律服务所的长期存在和发展有着深厚的社会条件、群众基础和体制需求,基层法律服务所具有广阔的发展前景。文章给出了基层法律服务所发展的对策。一是加快规范基层法律服务所发展的立法,使基层法律服务所工作有法可依,主要包括：明确定位、“两所分离”；界定基层法律服务所业务领域；确定基层法律服务所从业人员的资格及准入条件。二是加大对基层法律服务所的监管,主要包括：规范司法行政机关的管理和监督；加强行业管理和监督；健全基层法律服务所内部管理；加强社会监督。三是加强基层法律服务所从业人员队伍建设,主要包括：加强思想政治教育；加强职业道德和执业纪律教育；加强业务知识培训；建立违规违纪行为的惩处机制；做好基层法律服务所从业人员的保障工作。四是积极拓展基层法律服务所工作领域,主要包括：紧紧围绕当地党委政府中心工作开展法律服务；主动为农村经济社会发展服务；创新法律服务形式。最后,通过比较外国的基层法律服务制度,结合我国国情,对基层法律服务所的长远发展进行了展望：转型到法律援助、人民调解和律师中去,进行队伍分流。
[Abstract]:The article first reviews the emergence and development course of the grass-roots legal service institute, introduces the nature and function orientation of the basic legal service institute in different periods, mainly shows the repetition and discontinuity of the orientation, summarizes the basic characteristics of the legal service institute at the grass-roots level. Mainly for the nature and function of the compound. Then the article puts forward three obstacles that affect the development of legal service at the grass-roots level. First, the problems of the national policy in the grass-roots legal service, including: the grass-roots legal service does not have a clear legal position, the legal service at the grass-roots legal service practice litigation agent basis is unclear, illegal; The standard of qualification for the practitioners of grass-roots legal service institutions is too low, and the phenomenon of supporting township judicial offices in grass-roots legal services is common. Second, there are some problems in the practice market of the grass-roots legal service, including: the conflict between the practitioners and the lawyers; the difficulty in expanding the business field of the grass-roots legal service; and the weak supervision of the grass-roots legal service. Third, there are some problems in the field of grass-roots legal service staff, including: the professional level of grass-roots legal service providers can not meet the needs of the practice, some grass-roots legal service providers lack professional integrity; It is difficult for the practitioners of grassroots legal services to practise, and lack of protection. In view of the obstacles in the development of grass-roots legal service, the article deeply analyzes the causes of these obstacles, including: the imperfection of the national policy on the grass-roots legal service is the fundamental reason leading to the defects in legislation and system, etc. The weakness of the management authority and the lack of management means are the fundamental reasons for the weak supervision of the subject of legal service at the grass-roots level, and the lack of education and training for the practitioners of the legal service at the grass-roots level is the fundamental reason for its low level. The long-term existence and development of grass-roots legal services have profound social conditions, mass basis and system needs, and the grass-roots legal services have broad development prospects. This paper gives the countermeasures for the development of the legal service at the grassroots level. The first is to speed up the legislation of standardizing the development of legal services at the grass-roots level, so that the work of the legal services at the grass-roots level can be governed by law, which mainly includes: defining clearly the orientation of the two branches, "separating the two branches", defining the business areas of the legal service offices at the grass-roots level; To determine the qualifications and entry conditions of legal service providers at the grassroots level. The second is to strengthen the supervision of grass-roots legal service institutions, including: standardizing the management and supervision of judicial administrative organs; strengthening industry management and supervision; perfecting the internal management of grass-roots legal services; and strengthening social supervision. The third is to strengthen the construction of the staff of the grass-roots legal service, mainly including: strengthening the ideological and political education; strengthening the professional ethics and discipline education; strengthening the training of professional knowledge; establishing the punishment mechanism for violations of discipline; We will do a good job in ensuring the employees of grassroots legal services. Fourth, we should actively expand the field of legal services at the grass-roots level, mainly including: developing legal services closely around the central work of local party committees and governments; taking the initiative to serve rural economic and social development; and innovating the forms of legal services. Finally, by comparing the foreign legal service system at the grass-roots level, combined with the national conditions of our country, the author looks forward to the long-term development of the grass-roots legal service: the transition to legal aid, people's mediation and lawyers, and the division of the ranks.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5
本文编号：2285409
[Abstract]:The article first reviews the emergence and development course of the grass-roots legal service institute, introduces the nature and function orientation of the basic legal service institute in different periods, mainly shows the repetition and discontinuity of the orientation, summarizes the basic characteristics of the legal service institute at the grass-roots level. Mainly for the nature and function of the compound. Then the article puts forward three obstacles that affect the development of legal service at the grass-roots level. First, the problems of the national policy in the grass-roots legal service, including: the grass-roots legal service does not have a clear legal position, the legal service at the grass-roots legal service practice litigation agent basis is unclear, illegal; The standard of qualification for the practitioners of grass-roots legal service institutions is too low, and the phenomenon of supporting township judicial offices in grass-roots legal services is common. Second, there are some problems in the practice market of the grass-roots legal service, including: the conflict between the practitioners and the lawyers; the difficulty in expanding the business field of the grass-roots legal service; and the weak supervision of the grass-roots legal service. Third, there are some problems in the field of grass-roots legal service staff, including: the professional level of grass-roots legal service providers can not meet the needs of the practice, some grass-roots legal service providers lack professional integrity; It is difficult for the practitioners of grassroots legal services to practise, and lack of protection. In view of the obstacles in the development of grass-roots legal service, the article deeply analyzes the causes of these obstacles, including: the imperfection of the national policy on the grass-roots legal service is the fundamental reason leading to the defects in legislation and system, etc. The weakness of the management authority and the lack of management means are the fundamental reasons for the weak supervision of the subject of legal service at the grass-roots level, and the lack of education and training for the practitioners of the legal service at the grass-roots level is the fundamental reason for its low level. The long-term existence and development of grass-roots legal services have profound social conditions, mass basis and system needs, and the grass-roots legal services have broad development prospects. This paper gives the countermeasures for the development of the legal service at the grassroots level. The first is to speed up the legislation of standardizing the development of legal services at the grass-roots level, so that the work of the legal services at the grass-roots level can be governed by law, which mainly includes: defining clearly the orientation of the two branches, "separating the two branches", defining the business areas of the legal service offices at the grass-roots level; To determine the qualifications and entry conditions of legal service providers at the grassroots level. The second is to strengthen the supervision of grass-roots legal service institutions, including: standardizing the management and supervision of judicial administrative organs; strengthening industry management and supervision; perfecting the internal management of grass-roots legal services; and strengthening social supervision. The third is to strengthen the construction of the staff of the grass-roots legal service, mainly including: strengthening the ideological and political education; strengthening the professional ethics and discipline education; strengthening the training of professional knowledge; establishing the punishment mechanism for violations of discipline; We will do a good job in ensuring the employees of grassroots legal services. Fourth, we should actively expand the field of legal services at the grass-roots level, mainly including: developing legal services closely around the central work of local party committees and governments; taking the initiative to serve rural economic and social development; and innovating the forms of legal services. Finally, by comparing the foreign legal service system at the grass-roots level, combined with the national conditions of our country, the author looks forward to the long-term development of the grass-roots legal service: the transition to legal aid, people's mediation and lawyers, and the division of the ranks.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5
【参考文献】
相关期刊论文 前1条
1 夏志泽;基层法律服务诉讼代理的困境与出路[J];长江大学学报(社会科学版);2004年04期
，本文编号：2285409
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