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Legal Aid System Helps the Disadvantaged

Since its inception some a decade ago, China's legal aid system has helped more than 1.3 million impoverished people who otherwise could not afford for litigation, and also provided free legal counseling for 6 million people nationwide.

"The past decade witnessed great progress in legal aid, which now constitutes a crucial part of China's legal system," noted Minister of Justice Zhang Fusen on Sunday, calling it a glorious and honorable job to help those in need.

China began to establish its legal aid system in 1994, aiming to give those in need an equal status in court by offering them free legal assistance.

Statistics show that the number of those with less than 637 yuan (US$80) of annual net income in China rose by 800,000 in 2003. And approximately 29 million people, or 3 percent f the total population in the country, were inadequately fed and clothed.

"It is really hard and almost impossible for a person to pay for litigation when his annual income is less than 600 yuan," noted Prof. Li Dun with prestigious Tsinghua University in Beijing.

"Failure to provide citizens with an equal opportunity in court is a bigger threat to human rights protection than being enabling to offer them access to education or job opportunities," said Xia Yong, a researcher with the Chinese Academy of Social Sciences.

By the end of June, China had set up 2,892 legal aid offices, with 85 percent located in towns, and villages, where most of the country's needy people lived.

The number of legal aid personnel working in these offices reaches approximately 10,000, with half of them holding lawyer's certificate. Another 120,000 lawyers, and many more volunteers from law schools, non-government organizations have also rendered their hand in legal aid.

In September last year, the government announced legal assistance as its official obligations in a milestone regulation for the first time. The move alleviated the financial burdens of those lawyers who volunteered to help but had to pay the litigation fee with their own earnings previously.

The government funds allocated to legal aid 152 million yuan (US$18.3 million) in 2003, twice as much as the amount earmarked in the previous year. About 170,000 legal aid cases were handled in 2003, an increase of 23 percent from a year earlier and the number of the people receiving aid for free counseling also rose 57.3 percent.

Nevertheless, China's legal assistance are still facing challenges, as statistics show that the government fund in 2003 was only one fifth of the money that was needed. Appropriate 500,000 people failed to get the assistance in the year.

"The money we provide is far from adequate, especially in the western part of China," noted Minister of Justice Zhang Fusen.

"The fund shortage bottle-necks the development of China's legal aid system," acknowledged Chen Guangzhong, a noted professor with the China Political Science and Law University.

Pertaining to criminal cases, quite a few people in the country still do not quite understand why the government pays lawyers to defend and plead for the accused, Chen said, citing that another big obstacle for legal aid involving criminal cases.

(Xinhua News Agency August 30, 2004)

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Legislation on Legal Aid Hailed
Beijing Municipality Regulates Legal Aid
Government Lawyers Offer Free Services to the Poor
Legal Aid Access Hailed
Legal Aid Lawyers Get Licenses in Beijing
Universities Provide Legal Aid Service
Legal Aid Benefits Disadvantaged in China
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