论新时代民事与行政案件的法律援助范围

On the Scope of Legal Aid in Civil and Administrative Cases in the New Era

民事与行政案件法律援助的现行范围是应分配正义的要求、为满足社会弱势群体的需要而建构的,其目前的发展趋势足以满足其作为一种社会保障制度的要求。但从法律援助与司法正义的关系角度观察,民事与行政案件法律援助范围仍有较大的发展空间。为在新时代语境下追求司法正义,应将一种特殊案件纳入民事与行政案件法律援助的范围。在这种特殊案件中,一方陷入了一种实际上对抗不平等的困境。这类法律援助可以借鉴英国的法律援助制度来建构。在民事与行政案件法律援助范围立法扩大到这类特殊案件之前,可以鼓励高校法律援助组织先行试点。

The current scope of civil and administrative legal aid is to allocate the demands of justice and to meet the needs of the social vulnerable groups. The current trend of development is sufficient to meet its requirements as a social security system. However, from the perspective of the relationship between legal aid and judicial justice, there is still room for further development of the scope of legal aid. In order to pursue judicial justice in the context of the new era, a special case should be incorporated into the scope of civil action legal aid. In this particular case, the party is caught in a dilemma of actually fighting against inequality. This kind of legal aid can be constructed from the British legal aid donation system. Before cases, the legal aid organizations in Colleges and the legislation of the scope of legal aid extended to such special universities can be encouraged to pilot.