我国法律援助制度立法缺陷及其完善.pdfVIP

应始终体现的是对“权利”的充分关注和周到的责任意识，尽管这一制度的实施 客观上要受国家财力的制约。 本文的创新之处在于：通过现代法律援助制度理论的最新阐述，以国际关于 法律援助制度的实践经验为依据，结合我国法律援助实践情况，对目前我国有关 法律援助立法存在的若干重要问题和不足作一个深入的探讨，并就完善我国法律 援助相关立法提出了积极的建议和对策。 关键词法律援助制度立法 国家责任 2 The Deficiency and Improvement of Law Aid System Abstract Major：J．M． Research Direction：Constitution and Admihis仃ative Law Writer：Xianchu Luo Tutor：Yueming Wang Prof． More than ten years from scratch，Chinas legal aid system has been up伊aded on the path of institutionalized and standardized development．The promulgation and implementation of”Regulation Oil Legal Aid”of State Council in 2003，establishes the basic fiamework of China’s legal aid system legally，provides effective regulatory insurance for fundamentally resolving some outstanding issues of restricting China’s legal aid career and for promoting and standardizing the work of legal aid，remarks that Chinas legal aid system has been basically formed．However,according to the national practice of legal aid，deficiencies based on legislation lead to many problems， such as unclear State responsibility of legal aid，nalTow scope of legal aid，uneven development of legal aid and funding shortfall of legal aid and so on．It has many conflicts and disharmony in terms of legal aid as the basic civil rights，seriously restricts the ful-ther development of China’s legal aid and becomes the important subject of China’s legal aid legislation which needs active research and to be overcome． From the dimension of legal aid as a civil rights，the paper provides some preliminary exploration and analysis of current issues of China‘s legal aid legislation and focuses on issues of State responsibilities and obligations，issues of targets and scope of legal aid，issues of legal aid application and review and issues of administrative reliefofdoubt ofno legal aid decision． Reasons of choosing such issues are they are fundamental issues that restrict further improvement of legal aid system．Every issue impacts the stability of entire legal aid system dire