論基層法律服務(wù)所的發(fā)展
發(fā)布時(shí)間：2018-10-21 14:41
【摘要】：文章首先回顧了基層法律服務(wù)所的產(chǎn)生及其發(fā)展歷程,簡(jiǎn)介國(guó)家在不同時(shí)期對(duì)其的性質(zhì)功能定位,主要表現(xiàn)為定位的反復(fù)和不連續(xù)；概括了基層法律服務(wù)所的基本特征,主要表現(xiàn)為性質(zhì)和功能的復(fù)合性。接著文章提出了影響基層法律服務(wù)所發(fā)展的三個(gè)障礙。一是國(guó)家在基層法律服務(wù)所政策方面的問(wèn)題,主要包括：基層法律服務(wù)所沒(méi)有明確的法律定位；基層法律服務(wù)所執(zhí)業(yè)訴訟代理依據(jù)不清、不合法；對(duì)基層法律服務(wù)所從業(yè)人員的執(zhí)業(yè)資格標(biāo)準(zhǔn)要求過(guò)低；基層法律服務(wù)所掛靠鄉(xiāng)鎮(zhèn)司法所現(xiàn)象普遍存在。二是在基層法律服務(wù)所執(zhí)業(yè)市場(chǎng)方面存在的問(wèn)題,主要包括：基層法律服務(wù)所從業(yè)人員與律師的執(zhí)業(yè)沖突；基層法律服務(wù)所業(yè)務(wù)領(lǐng)域難以拓展；對(duì)基層法律服務(wù)所的監(jiān)管薄弱。三是在基層法律服務(wù)所從業(yè)人員隊(duì)伍方面存在的問(wèn)題,主要包括：基層法律服務(wù)所從業(yè)人員業(yè)務(wù)水平不能勝任執(zhí)業(yè)需要；一些基層法律服務(wù)所從業(yè)人員缺乏職業(yè)誠(chéng)信；基層法律服務(wù)所從業(yè)人員執(zhí)業(yè)困難、缺少保障。針對(duì)基層法律服務(wù)所發(fā)展的障礙,文章深入剖析了這些障礙的成因,主要包括：國(guó)家對(duì)基層法律服務(wù)所政策規(guī)定的不完善是導(dǎo)致其立法、體制等方面缺陷的根本原因,對(duì)基層法律服務(wù)所管理主體的問(wèn)題、管理權(quán)限的薄弱、管理手段的缺乏是監(jiān)管不力的根本原因,對(duì)基層法律服務(wù)所從業(yè)人員教育培訓(xùn)不足是其水平低下的根本原因�；鶎臃煞⻊�(wù)所的長(zhǎng)期存在和發(fā)展有著深厚的社會(huì)條件、群眾基礎(chǔ)和體制需求,基層法律服務(wù)所具有廣闊的發(fā)展前景。文章給出了基層法律服務(wù)所發(fā)展的對(duì)策。一是加快規(guī)范基層法律服務(wù)所發(fā)展的立法,使基層法律服務(wù)所工作有法可依,主要包括：明確定位、“兩所分離”；界定基層法律服務(wù)所業(yè)務(wù)領(lǐng)域；確定基層法律服務(wù)所從業(yè)人員的資格及準(zhǔn)入條件。二是加大對(duì)基層法律服務(wù)所的監(jiān)管,主要包括：規(guī)范司法行政機(jī)關(guān)的管理和監(jiān)督；加強(qiáng)行業(yè)管理和監(jiān)督；健全基層法律服務(wù)所內(nèi)部管理；加強(qiáng)社會(huì)監(jiān)督。三是加強(qiáng)基層法律服務(wù)所從業(yè)人員隊(duì)伍建設(shè),主要包括：加強(qiáng)思想政治教育；加強(qiáng)職業(yè)道德和執(zhí)業(yè)紀(jì)律教育；加強(qiáng)業(yè)務(wù)知識(shí)培訓(xùn)；建立違規(guī)違紀(jì)行為的懲處機(jī)制；做好基層法律服務(wù)所從業(yè)人員的保障工作。四是積極拓展基層法律服務(wù)所工作領(lǐng)域,主要包括：緊緊圍繞當(dāng)?shù)攸h委政府中心工作開(kāi)展法律服務(wù)；主動(dòng)為農(nóng)村經(jīng)濟(jì)社會(huì)發(fā)展服務(wù)；創(chuàng)新法律服務(wù)形式。最后,通過(guò)比較外國(guó)的基層法律服務(wù)制度,結(jié)合我國(guó)國(guó)情,對(duì)基層法律服務(wù)所的長(zhǎng)遠(yuǎn)發(fā)展進(jìn)行了展望：轉(zhuǎn)型到法律援助、人民調(diào)解和律師中去,進(jìn)行隊(duì)伍分流。
[Abstract]:The article first reviews the emergence and development course of the grass-roots legal service institute, introduces the nature and function orientation of the basic legal service institute in different periods, mainly shows the repetition and discontinuity of the orientation, summarizes the basic characteristics of the legal service institute at the grass-roots level. Mainly for the nature and function of the compound. Then the article puts forward three obstacles that affect the development of legal service at the grass-roots level. First, the problems of the national policy in the grass-roots legal service, including: the grass-roots legal service does not have a clear legal position, the legal service at the grass-roots legal service practice litigation agent basis is unclear, illegal; The standard of qualification for the practitioners of grass-roots legal service institutions is too low, and the phenomenon of supporting township judicial offices in grass-roots legal services is common. Second, there are some problems in the practice market of the grass-roots legal service, including: the conflict between the practitioners and the lawyers; the difficulty in expanding the business field of the grass-roots legal service; and the weak supervision of the grass-roots legal service. Third, there are some problems in the field of grass-roots legal service staff, including: the professional level of grass-roots legal service providers can not meet the needs of the practice, some grass-roots legal service providers lack professional integrity; It is difficult for the practitioners of grassroots legal services to practise, and lack of protection. In view of the obstacles in the development of grass-roots legal service, the article deeply analyzes the causes of these obstacles, including: the imperfection of the national policy on the grass-roots legal service is the fundamental reason leading to the defects in legislation and system, etc. The weakness of the management authority and the lack of management means are the fundamental reasons for the weak supervision of the subject of legal service at the grass-roots level, and the lack of education and training for the practitioners of the legal service at the grass-roots level is the fundamental reason for its low level. The long-term existence and development of grass-roots legal services have profound social conditions, mass basis and system needs, and the grass-roots legal services have broad development prospects. This paper gives the countermeasures for the development of the legal service at the grassroots level. The first is to speed up the legislation of standardizing the development of legal services at the grass-roots level, so that the work of the legal services at the grass-roots level can be governed by law, which mainly includes: defining clearly the orientation of the two branches, "separating the two branches", defining the business areas of the legal service offices at the grass-roots level; To determine the qualifications and entry conditions of legal service providers at the grassroots level. The second is to strengthen the supervision of grass-roots legal service institutions, including: standardizing the management and supervision of judicial administrative organs; strengthening industry management and supervision; perfecting the internal management of grass-roots legal services; and strengthening social supervision. The third is to strengthen the construction of the staff of the grass-roots legal service, mainly including: strengthening the ideological and political education; strengthening the professional ethics and discipline education; strengthening the training of professional knowledge; establishing the punishment mechanism for violations of discipline; We will do a good job in ensuring the employees of grassroots legal services. Fourth, we should actively expand the field of legal services at the grass-roots level, mainly including: developing legal services closely around the central work of local party committees and governments; taking the initiative to serve rural economic and social development; and innovating the forms of legal services. Finally, by comparing the foreign legal service system at the grass-roots level, combined with the national conditions of our country, the author looks forward to the long-term development of the grass-roots legal service: the transition to legal aid, people's mediation and lawyers, and the division of the ranks.
【學(xué)位授予單位】：安徽大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D926.5
本文編號(hào)：2285409
[Abstract]:The article first reviews the emergence and development course of the grass-roots legal service institute, introduces the nature and function orientation of the basic legal service institute in different periods, mainly shows the repetition and discontinuity of the orientation, summarizes the basic characteristics of the legal service institute at the grass-roots level. Mainly for the nature and function of the compound. Then the article puts forward three obstacles that affect the development of legal service at the grass-roots level. First, the problems of the national policy in the grass-roots legal service, including: the grass-roots legal service does not have a clear legal position, the legal service at the grass-roots legal service practice litigation agent basis is unclear, illegal; The standard of qualification for the practitioners of grass-roots legal service institutions is too low, and the phenomenon of supporting township judicial offices in grass-roots legal services is common. Second, there are some problems in the practice market of the grass-roots legal service, including: the conflict between the practitioners and the lawyers; the difficulty in expanding the business field of the grass-roots legal service; and the weak supervision of the grass-roots legal service. Third, there are some problems in the field of grass-roots legal service staff, including: the professional level of grass-roots legal service providers can not meet the needs of the practice, some grass-roots legal service providers lack professional integrity; It is difficult for the practitioners of grassroots legal services to practise, and lack of protection. In view of the obstacles in the development of grass-roots legal service, the article deeply analyzes the causes of these obstacles, including: the imperfection of the national policy on the grass-roots legal service is the fundamental reason leading to the defects in legislation and system, etc. The weakness of the management authority and the lack of management means are the fundamental reasons for the weak supervision of the subject of legal service at the grass-roots level, and the lack of education and training for the practitioners of the legal service at the grass-roots level is the fundamental reason for its low level. The long-term existence and development of grass-roots legal services have profound social conditions, mass basis and system needs, and the grass-roots legal services have broad development prospects. This paper gives the countermeasures for the development of the legal service at the grassroots level. The first is to speed up the legislation of standardizing the development of legal services at the grass-roots level, so that the work of the legal services at the grass-roots level can be governed by law, which mainly includes: defining clearly the orientation of the two branches, "separating the two branches", defining the business areas of the legal service offices at the grass-roots level; To determine the qualifications and entry conditions of legal service providers at the grassroots level. The second is to strengthen the supervision of grass-roots legal service institutions, including: standardizing the management and supervision of judicial administrative organs; strengthening industry management and supervision; perfecting the internal management of grass-roots legal services; and strengthening social supervision. The third is to strengthen the construction of the staff of the grass-roots legal service, mainly including: strengthening the ideological and political education; strengthening the professional ethics and discipline education; strengthening the training of professional knowledge; establishing the punishment mechanism for violations of discipline; We will do a good job in ensuring the employees of grassroots legal services. Fourth, we should actively expand the field of legal services at the grass-roots level, mainly including: developing legal services closely around the central work of local party committees and governments; taking the initiative to serve rural economic and social development; and innovating the forms of legal services. Finally, by comparing the foreign legal service system at the grass-roots level, combined with the national conditions of our country, the author looks forward to the long-term development of the grass-roots legal service: the transition to legal aid, people's mediation and lawyers, and the division of the ranks.
【學(xué)位授予單位】：安徽大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D926.5
【參考文獻(xiàn)】
相關(guān)期刊論文 前1條
1 夏志澤;基層法律服務(wù)訴訟代理的困境與出路[J];長(zhǎng)江大學(xué)學(xué)報(bào)(社會(huì)科學(xué)版);2004年04期
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