论农村法律援助的模式选择
发布时间：2018-12-27 09:38
【摘要】：什么是农村法律援助?学界没有一个完整而统一的概念。我们概括认为,所谓农村法律援助,是指在国家设立的法律援助机构的组织、指导和统一协调下,有针对性地面向农村地区,由律师、公证员、基层法律工作者等法律服务人员为经济困难或案情特殊的当事人提供帮助,减免收费,以保障实现其合法权益,完善国家司法公正机制,健全人权及社会保障机制的一项法律制度。农村法律援助模式是指导我们全面应对农村法律援助实践中出现的问题,寻求最佳的解决问题的方法,制定切实可行的解决方案,最终处理好农村法律援助中一切困难的方法总和。本文结合对本国的法律援助的研究,得出中国农村法律援助模式现阶段存在的三个问题：目前我国农村法律援助模式不完善,普通法律援助模式借鉴意义有限；各地法律援助机构资金困难,既存在量的不足,又存在调配的不公；缺乏监督和统筹机制,开展农村法律援助人力配置不足。欧美各国在法律制度方面走在世界的前列,法律援助模式也比较完善,本文通过对英、法、德、美等四国法律援助制度的比较研究,介绍了四国法律援助模式的运作及对中国的借鉴意义。中国农村广布、农村人口总数和所占总人口数比例均十分庞大,西方由于人口构成绝大多数为城市人口,故并不存在也不必要存在农村法律援助。这使得中国的农村法律援助发展和模式选择缺乏现成的例子可以参照。西方的"Rural Area"是荒无人烟的野外,并不住着人,中国的农村法律援助,绝对不是西方所说的“Legal Aid in Rural Area",考虑到中国的农村法律援助针对的是有人居住的农村和上面居住的农民,在对西方的交流中定义为"Legal Aid in Countryside"较为妥当。笔者讲过细致而缜密的研究,认为中国的农村法律援助制度,必须走自己的模式,那就是：政府主导、高校参与、民间团体支持的模式。而要从根本上解决农村法律援助的问题,则需要彻底破除城乡二元的社会结构。
[Abstract]:What is rural legal aid? The academic circle does not have a complete and unified concept. We generally believe that the so-called rural legal aid refers to the organization, guidance and unified coordination of the legal aid institutions set up by the state, targeted to rural areas, with lawyers and notaries, Legal service personnel at the grass-roots level, such as legal workers, provide assistance to parties with economic difficulties or special cases, reduce or reduce fees, so as to ensure the realization of their legitimate rights and interests, and improve the national judicial justice mechanism. Improve the human rights and social security mechanism of a legal system. The mode of rural legal aid is to guide us to comprehensively deal with the problems in the practice of rural legal aid, to find the best way to solve the problems, and to formulate practical solutions. Finally deal with the rural legal aid in all the difficulties of the total method. Based on the study of legal aid in our country, this paper concludes that there are three problems in China's rural legal aid model: at present, the mode of rural legal aid in China is not perfect, and the general legal aid model is of limited significance for reference; The local legal aid institutions have difficulty in funding, not only lack of quantity, but also unfair allocation, lack of supervision and coordination mechanism, lack of manpower allocation of rural legal aid. European and American countries are at the forefront of the world in terms of legal systems, and the legal aid model is also relatively perfect. This paper makes a comparative study of the legal aid systems of Britain, France, Germany, and the United States. This paper introduces the operation of legal aid model of four countries and its reference significance to China. China's rural areas are widespread, the total rural population and the proportion of the total population are very large, because the majority of the population in the West is urban population, so there is no need for the existence of rural legal aid. This makes China's rural legal aid development and model selection lack of ready-made examples can be referenced. The "Rural Area" in the West is a desolate wilderness, not inhabited by people. China's rural legal aid is definitely not what the West calls "Legal Aid in Rural Area." In view of the fact that China's rural legal aid is aimed at inhabited rural areas and farmers living above, it is more appropriate to define the term "Legal Aid in Countryside" as "Legal Aid in Countryside" in the communication of the West. The author has said that the rural legal aid system in China must take its own mode, that is: government leading, university participation, and civil society support. In order to solve the problem of rural legal aid fundamentally, it is necessary to thoroughly break down the dual social structure of urban and rural areas.
【学位授予单位】：江西农业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5
本文编号：2392867
[Abstract]:What is rural legal aid? The academic circle does not have a complete and unified concept. We generally believe that the so-called rural legal aid refers to the organization, guidance and unified coordination of the legal aid institutions set up by the state, targeted to rural areas, with lawyers and notaries, Legal service personnel at the grass-roots level, such as legal workers, provide assistance to parties with economic difficulties or special cases, reduce or reduce fees, so as to ensure the realization of their legitimate rights and interests, and improve the national judicial justice mechanism. Improve the human rights and social security mechanism of a legal system. The mode of rural legal aid is to guide us to comprehensively deal with the problems in the practice of rural legal aid, to find the best way to solve the problems, and to formulate practical solutions. Finally deal with the rural legal aid in all the difficulties of the total method. Based on the study of legal aid in our country, this paper concludes that there are three problems in China's rural legal aid model: at present, the mode of rural legal aid in China is not perfect, and the general legal aid model is of limited significance for reference; The local legal aid institutions have difficulty in funding, not only lack of quantity, but also unfair allocation, lack of supervision and coordination mechanism, lack of manpower allocation of rural legal aid. European and American countries are at the forefront of the world in terms of legal systems, and the legal aid model is also relatively perfect. This paper makes a comparative study of the legal aid systems of Britain, France, Germany, and the United States. This paper introduces the operation of legal aid model of four countries and its reference significance to China. China's rural areas are widespread, the total rural population and the proportion of the total population are very large, because the majority of the population in the West is urban population, so there is no need for the existence of rural legal aid. This makes China's rural legal aid development and model selection lack of ready-made examples can be referenced. The "Rural Area" in the West is a desolate wilderness, not inhabited by people. China's rural legal aid is definitely not what the West calls "Legal Aid in Rural Area." In view of the fact that China's rural legal aid is aimed at inhabited rural areas and farmers living above, it is more appropriate to define the term "Legal Aid in Countryside" as "Legal Aid in Countryside" in the communication of the West. The author has said that the rural legal aid system in China must take its own mode, that is: government leading, university participation, and civil society support. In order to solve the problem of rural legal aid fundamentally, it is necessary to thoroughly break down the dual social structure of urban and rural areas.
【学位授予单位】：江西农业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5
【引证文献】
相关期刊论文 前1条
1 刘士国;宛锦春;;农村法律援助机制的创新研究[J];社会科学家;2013年08期
，本文编号：2392867
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