Q: In any country, there are disadvantaged people who
can't afford to hire a lawyer. Has the Chinese Government
established a legal aid system, and if so, what requirements must
people meet to qualify for legal aid?
A: The legal aid system is an important component of China's
socialist legal system as well as a guarantee for a system of
impartial justice. In early 1994, China's justice department
officially established and implemented a legal aid system in order
to safeguard the right of the disadvantaged to legal representation
in spite of economic difficulties, ensuring justice and hence
embodying the principle of equality before the law.
In the past decade, China has tentatively established a set of
legal aid solutions that accord with China's national conditions.
The Criminal Procedure Law and the Lawyer Law, promulgated
successively in March and May 1996, secured legal aid its due
position in China's legal system. The two laws also established the
principle of uniform procedure for legal aid, covering the process
of application, examination and approval, case assignment and
supervision. Since then, legal aid organizations have been
established in connection with people's courts at the central,
provincial, prefecture and county levels. Growing numbers of legal
professionals are providing legal aid for a wide array of criminal,
civil and administrative litigation as well as non-litigation
matters. Government statistics show that by the end of 2004, a
total of 3,023 legal aid organizations had been established
nationwide and 294,138 people involved in 190,187 cases had
received legal aid.
At the same time, people from all walks of life were actively
providing legal aid, including 2,700 legal aid centers and women's
rights protection organizations founded by the All-China Women's
Federation and its local branches, and 2,990 legal aid
organizations for employees by the All-China Federation of Trade
Unions and local branches. As well, the China Disabled Persons'
Federation and its branches sought cooperation with law firms and
have signed a legal aid agreement with more than 3,000 law firms to
help the disabled protect their rights. About 30 institutions of
higher learning, including Peking University, Tsinghua University
and Wuhan University, have made providing legal aid for
disadvantaged people a curriculum goal.
There are two main preconditions for a person seeking legal aid
in China. First, the applicant must have sufficient evidence to
prove that legitimate rights were violated and consequently they
need legal help. Second, the person must prove that they can't
afford a lawyer. Local governments usually have their own basic
standards when assessing whether an applicant can or can't afford a
lawyer, due to uneven economic development across China.
The Chinese people have welcomed the implementation of a legal
aid system, and an increasing number of government departments have
attached importance to the establishment of their own legal aid
systems. Currently, the Central Government finances the daily
operation of legal aid centers, as do local governments at
provincial, prefecture and county levels.
As the economy and society develop, the legal aid system will
cover more and more fields in China. The ultimate goal of China's
legal aid system is to guarantee high quality legal representation
to any Chinese citizen who meets the requirements for help.
An old lady seeks advice from a lawyer in
a Legal Service Day for the Aged People in Harbin, Heilongjiang
Province.
