Activities of the Legal Aid Center – through the first in Hai Phong City
Dao Thi Hong Nhung
Faculty of Law
Master's Thesis Major: Theory and history of state and law Code No. 60 38 01 01
Instructor: Prof. Dr. Hoang Thi Kim Que Year of protection: 2014
Keywords. Legal aid; Administrative law; Law of Vietnam; Legal Help Center.
Nội dung
PREAMBLE
1. Urgency of the topic
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Legal aid regime (TGPL) is a type of legal aid applied by the vast majority of countries in the world (about 150 countries). It is an inevitable result of development in society, a tool for the state to fulfill its obligations to its citizens. The state promulgates the law, forcing the people to obey, so the state must also have a mechanism to ensure that the law protects the interests of the people. Failure to do this will inevitably lead to public skepticism towards the law, which will pose a great risk to law enforcement.
The legal system is increasingly numerous and the level of complexity is increasing, even people who are trained in law sometimes do not fully understand the provisions of the law and when there are legal problems or have to stand in court. It is also not certain that they can successfully defend their interests. Therefore, a citizen without legal knowledge and skills, even if he has not committed a crime, cannot prove his innocence.
Many debates in the world have come to the affirmation that legal aid is necessary. It is necessary for the strengthening of the rule of law, with the construction of the rule of law, and is important as an integral part of the administration of justice and as an integral part of it. trial process.
Since the 1950s, there has been an opinion from bourgeois jurists that access to the law by the rich as well as that of the poor is necessary for the maintenance of the legal order, therefore, need appropriate legal advice and representation for those whose life, property, liberty, honor are threatened but cannot afford legal services...
It would be meaningless if the right of defense only applied to those who could afford to pay for the services. Therefore, affirming the position of legal aid is a necessary procedural requirement to add meaning to the rule of law. If the recognition of social order in the rule of law is a goal to be achieved, the recognition of legal aid is very important and can be considered as a means to achieve that goal.
In Vietnam, legal aid was established in 1997 on the basis of Decision No. 734/TTg of the Prime Minister. Up to now, free legal aid activities for the poor and policy beneficiaries have increasingly affirmed their position and role in legal aid. legal life of society, becomes an important part of the comprehensive strategy on growth and poverty reduction and poverty reduction and is concretized in the National Target Program for Poverty Reduction in the period 2006-2010 and the National Target Program on Poverty Reduction in the 2006-2010 period. socio-economic development in communes with special difficulties in ethnic minority and mountainous areas in the period 2006-2010.
The Law on Legal Aid, which was passed by the National Assembly in June 2006 and took effect on January 1, 2007 is a step forward in legislative work when drawing on experiences from the implementation of a Decision of the Prime Minister. on legal aid policy, a relatively new field of legal activity that is institutionally stable in a highly effective document. This Law is also a declaration of human rights of the Vietnamese state on justice issues when it affirms that the right to legal aid of the poor and disadvantaged and vulnerable populations is guaranteed by the State so that they can enjoy legal aid. have equal access to quality legal services as other citizens. Next, the Government, Ministries,
The supervision of the implementation of this Law is very important because through the number of cases and legal areas where people often have problems, the legislative body has a basis to review the current legal provisions in Vietnam. In these areas, specialized management agencies also have grounds to re-evaluate the contingent of civil servants and public employees who are responsible for solving people's affairs.
The supervision and monitoring of the implementation of the Law on Legal Aid can be considered from many angles such as: according to the authority of the entities responsible for organizing the implementation of the Law; the formation of legal aid organizations and whether these organizations comply with the law; whether covered subjects are guaranteed easy and correct service; The demand for legal aid of the people increases or decreases, which areas of law are concentrated most (for example, if a large number of cases are concentrated in the land sector, it is necessary to review regulations and policies, review the team competent officials and directly deal with land issues ...); Whether the team of legal aid practitioners has been formed and meets the people's requirements; How does the quality of legal aid compare to the quality of legal services in the free market?
After 15 years of establishment and development, the legal aid system in Vietnam has been constantly growing in size and organization with a team of legal assistants, legal aid collaborators who are lawyers and collaborators. Others are constantly growing in number as well as in capacity, qualifications, professional ethics and legal aid skills. Legal aid work has achieved positive results, making a significant contribution to improving legal understanding, protecting the legitimate rights and interests of the poor, ethnic minorities, people with meritorious services to the revolution, and others. people with other special circumstances. According to statistics, after 5 years of implementing the Law on Legal Aid by legal aid-implementing organizations, legal aid-implementing organizations throughout the country have granted legal aid to 497,617 subjects through 489,082 cases (legal advice, consultation, and legal assistance). proceedings, representatives outside the proceedings ...) [15].
Legal aid is the policy of the Party and the State to show concern for the people, the "principle" of legal aid activities is to ensure social justice by "defending" the weak and disadvantaged. enabling them to access good legal services.
However, the actual operation of legal aid agencies in Vietnam is still an issue that needs to be considered and evaluated from many aspects in order to improve further, to meet the actual requirements - implementation. fulfill its mission and meet the aspirations of poor and vulnerable people for a just law. Stemming from this objective requirement, the author has chosen the topic "Operations of the Legal Aid Center - through practice in Hai Phong city" which is necessary both in theory as well as in practice. .
2. Research situation related to the topic
Legal aid is a new task of the judiciary that shows the Party and State's deep concern for the poor and policy beneficiaries in terms of methods.
law, protecting legitimate rights and interests, marking a remarkable development in hunger eradication and poverty reduction in Vietnam. Eradicating hunger and reducing poverty in both material and spiritual aspects, creating conditions for disadvantaged people in society to have equal access to the law and justice before the law. Up to now, there have been a number of doctoral, master's, ministerial-level research projects and articles, journals and research topics that clarify theoretical and practical issues related to free legal aid. for the poor and policy beneficiaries. That is:
- Doctoral thesis "Adjustment of legal aid legislation in Vietnam in terms of innovation" by Dr. Ta Thi Minh Ly;
- Master's thesis "Improving the law on legal aid practitioners in Vietnam" by Vu Hong Tuyen;
- Master's thesis "Improving forms of legal access for the poor in Vietnam in the current period" by Do Xuan Lan;
- Master's thesis "Development of legal aid at the grassroots" by Dang Thi Loan;
- Master's thesis "Ensuring the right to legal aid" by Phan Thi Thu Ha;
- Master's thesis "Quality of legal aid of the Center for legal aid in Bac Ninh province" by Nguyen Duc Truc;
- Master's thesis "Implementing the law on legal aid for the poor in Vietnam" by Vu Thi Hoang Ha;
- Master's thesis "The legal aid activities in poverty reduction programs" by author Le Thi Thuy; …
- Ministry-level research project: "Model of organization and operation of legal aid, direction of implementation in current conditions"; The article "Scientific arguments and practice of developing the Ordinance on Legal Aid"; The article "Quality of legal aid cases" Dr. Ta Minh Ly, Journal of Legal Democracy, Ministry of Justice, October 2009 special issue, pp.2-8; The article “Assessment of the quality of legal aid cases is the most effective form of supervision on legal aid law enforcement”/Dr. Ta Minh Ly/Journal of Legislative Studies – Office of the National Assembly; Article "Quality of legal aid cases and factors affecting the quality of legal aid cases"/Do Xuan Lan/ Journal of legal democracy, Ministry of Justice, No. 1/2008, pp.22-29; Article "Quality of legal aid cases" by author Nguyen Hai Anh, Journal of Democracy and Law No. 5/2008; The article "Criteria for assessing the quality of legal aid cases", thematic of the Department of Legal Aid, Ministry of Justice, 2008; The article “Criteria for evaluating quality”
public service provision at state administrative agencies”/ Assoc. Prof. Dr. Nguyen Huu Hai, MSc. Le Van Hoa, Academy of Administration, State Organization Magazine No. 3/2010; Article "Socialization and quality of public service delivery", author Dinh Mai Lan, Office of the People's Committee of Cao Bang province, source: http://www.nclp.org.vn/chinh sach/xa-hoi- hoa-va-chat-luong-cung-ung-dich- vu-cong; The article "Service quality, satisfaction and loyalty of supermarket customers in Ho Chi Minh City" by Nguyen Thi Mai Trang, Faculty of Economics, VNU-HCM, Science and Technology Development Journal, Volume 9, issue October 2006; The importance of Quality in Legal Aid/Helaine M.Barnett, February, 2009 – Wyoming State Bar, …
Within the scope of the thesis, the author has no ambition to summarize or evaluate the overall legal aid as a public service provided by the State. With the topic "Operations of the Legal Aid Center - through practice in Hai Phong", the author will deeply analyze and clarify issues related to legal aid activities on both theoretical and practical aspects at Hai Phong. Hai Phong, contributing to finding a scientific solution to bring legal aid activities in the near future to the people, best ensuring the legitimate rights and interests of the poor, ethnic minorities and people with disabilities. other special circumstances, contributing to the construction of a socialist rule of law state.
3. Purpose and research tasks of the topic
The purpose of the thesis is to study in a comprehensive and systematic way the theoretical and practical issues of the legal aid center's operating model, including the concept, objectives, characteristics and actual operation status. activities of the State Legal Aid Center within Hai Phong City in recent years; on that basis, propose a number of solutions to enhance the operational efficiency of legal aid centers, contribute to protecting the legitimate rights and interests of the poor, ethnic minorities and other disadvantaged groups. in social.
To accomplish the above purpose, the project has the following tasks:
- Clarifying the theoretical, legal and practical basis for the operation of the Legal Aid Center;
- Analyze and evaluate the current status of State legal aid operations in Hai Phong city, find out the advantages, limitations, difficulties, obstacles, inadequacies and causes of limitations, difficulties, obstacles, such inadequacies as well as the management and evaluation of the operation of legal aid centers in Hai Phong in recent years.
- Proposing solutions and recommendations to improve the operational efficiency of the State Legal Aid Center in Hai Phong in the coming time.
4. Object and scope of research
The thesis focuses on researching theoretical and legal issues about legal aid activities in Vietnam.
- Practical operations of Legal Aid Center in Hai Phong.
- Solutions to ensure and improve the operational efficiency of the Legal Aid Center in the coming time in Hai Phong.
5. Methodology and research methods
- The topic is researched on the basis of the theory of Marxism - Leninism, Ho Chi Minh's thought on the state and law; viewpoints, guidelines and policies of the Party and laws of the State on the issue of ensuring human rights and citizens' rights.
The research thesis is based on the methodologies of dialectical materialism, historical materialism, jurisprudence, analysis - synthesis, logic - history, comparison and contrast. At the same time, the author also uses the method of exploiting and using practical materials; research topics at home and abroad; survey results to complete the thesis.
6. Meaning of Thesis
- The thesis is a systematic and in-depth study on both theoretical and practical aspects of the operation of the Hai Phong State Legal Aid Center.
- The thesis contributes to affirming the deep and thorough concern of the Party and State in terms of justice for the poor, the disadvantaged in society, ethnic minorities and people with meritorious services to the poor. country. At the same time, there is a close assessment of the operation of the Legal Aid Center, stating and analyzing the theoretical and practical requirements for the operation of the Legal Aid Center in the coming time.
- The thesis makes some recommendations and solutions to contribute to ensuring and improving the quality of legal aid in the coming time.
7. Dissertation Layout
In addition to the introduction, conclusion, list of references, the thesis is structured into 3 chapters as follows:
Chapter 1: Theoretical foundations of legal aid
Chapter 2: Reality of legal aid activities in Hai Phong
Chapter 3: Perspectives and solutions to ensure effective quality of legal aid activities
Reference
LIST OF REFERENCES
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