论中国法律援助制度的国家责任

Discussion about the State Responsibility of Legal Aid System in China

法律援助的国家责任,是实行法律援助的国家依照本国法律援助法规的规定应该对本国公民承担的法律服务责任。它主要体现在立法、经费和机构上的保障等方面。现代法律援助制度充分体现着国家责任。我国目前还没有建立起现代的法律援助制度。2003年9月1日颁布的《法律援助条例》明确规定:法律援助是政府的责任,它标志着我国法律援助制度正在向现代法律援助制度方向发展。但要建立充分体现国家责任的法律援助制度还必须在立法、经费和机构上予以完善。

The state responsibility of legal aid is the legal service responsibility undertaken by the country which implements legal aid bearing for its national citizens under conditions prescribed by its own national legal aid statutes. It mainly reflects in the fields of legislation, funds and the guarantees of institution. The contemporary legal aid system fully reflects the state responsibility. However, China has not yet establishedit. It is clearly stipulated in 'The Legal Aid Regulations'carried out on the 1st of September in 2003 that legal aid is the state responsibility, and it indicates that our country's legal aid system is developing in the direction of contemporary legal aid system. It is necessary to perfect it in the fields of legislation, funds and the guarantees of institution so as to establish legal aid system to fully reflects the state responsibility.