Dissertation > Political, legal > Legal > Chinese law > Justice system > Lawyer system

The Research on Legal Aid of Rural Juveniles

Author ZhengYaHong
Tutor MiaoWeiMing
School East China University of Political Science
Course Legal
Keywords The rural area The juvenile The legalaid
CLC D926.5
Type Master's thesis
Year 2011
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The legal aid system is an important legal system for protecting the people’s legitimate rights and interests, safeguarding social fairness and justice. It is also an important human right for the juveniles, who need caring and protection of the whole society. reveal the humanistic concern and the substantive justice pursuit of the law. Therefore, the Party and the government attached great importance to the protection of juveniles’legal aid and have made a series of important instructions, as well as the legislation work. These efforts reveal the humanistic concern and the substantive justice pursuit of the law. With the development of urbanization, the population of rural areas is decreasing gradually. However, juveniles in rural areas still occupy a great percentage of the whole China. As a result, juveniles in rural areas are still ones our legal aid should pay attention for.Xiangshan carried out legal aid work more than 10 years, the rural minors legal aid has always been the object we focus on,did the work broaden the area of services, rich services, strengthen the service effect, to effectively safeguard the legitimate rights and interests of minors, to promote the healthy growth of minors did a large number of works, obtained positive result. Due to the defects of the system design,the rural minor criminal cases, in practice only in trial phase it is aid lawyers to defend, and at the stage of investigation and prosecution stage is rarely involved in aid lawyer. As for the case of the rural minor civil rights have been violated, only the parties to apply and comply with the conditions will aid agencies to provide them with legal aid.In addition, have some limitations in rural minors legal aid from the scope as well as the applicant conditions. In conclusion, the present rural minors’ legal aid mode is not conducive to safeguard the legitimate rights and interests of minors. Therefore, the author thinks, our country legal aid in legislation and implementation mechanisms are not perfect, the legal aid to the minors to be further improvement and development from aid scope, organization construction, contractors and so on.Although Xiangshan is one of the 100 most developes counties of the country, and locates in the coastal developed areas, it still carries low level of urbanization. As a result, people in Xiangshan are still mainly peasants, and the population flow in Xiangshan is very frequent, which leads to a complicated structure of juveniles. In Xiangshan, there are juveniles live the local parents, juveniles whose parents go outside, and juvenile from outside with parents. Therefore, we think that, taking legal aid system of Xiangshan juveniles as an example to research the current legal aid system of rural juveniles in China, is very typical. With a long time of work of legal aid in the grass-roots units, we now have a deep understanding of the problems in the current legal aid of rural juveniles, and have researched and thought about innovating and strengthening it.This article takes the practice in Xiangshan as an example, to set forth and analyse the situation and problem of our legal aid of rural juveniles. We take a deep concern on innovating and strengthening it, on legislation, policy making, and criminal legal aid, hoping to do some help on improving current system and making a better growing environment for rural juveniles.

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