论基层法律服务工作者存续必要性及制度完善
发布时间：2018-08-14 16:50
【摘要】：我国基层法律服务工作者产生于上世纪80年代,30多年来,一直发挥着适应满足基层法律服务需求和维护基层社会稳定的重要功能。在我国基层法律服务系统中,各主体根据其所属的行政级别分化成一个"县城——乡镇——村落"三级结构体系,基层法律服务工作者凭借直接设置于乡镇街道的优势在三级结构体系中占据着"中间位置",这种结构位置赋予了其接近基层群众的功能优势,有利于他们更好的了解基层的法律需求进而作出及时的响应。然而追溯一下基层法律服务工作者的生发史,整体而言它是在一种没有法律规范、没有理论论证和实践经验支撑的背景下产生的历史新事物,而且在之后的规范发展中严重依赖国家及主管部门的政策和行政手段。由于一直未获得国家层面法律的明确肯定,在与新环境新政策的磨合中基层法律服务工作者遭受着更为严峻的考验与诘问。尤其是2000年"脱钩改制"以来,陆续颁行的《行政许可法》、《律师法》使得基层法律服务工作者提供法律服务的合法性受到严重威胁,针对这一问题,学术界和律师界一直有人主张废除基层法律服务工作者。笔者借助结构功能分析方法对我国基层法律服务工作者进行了系统的功能分析,我国经济文化发展的不平衡决定了法律服务资源分布的多层次特点,在律师分布尚不足以覆盖广大基层地区以及他们有足够能力支付律师法律服务之前基层法律服务工作者依然具有长期存在的必要性。因此,针对基层法律服务工作者未来发展的正确态度不是设计出一种全新的制度来替代它,而是如何对其进行改革和完善,对此针对基层法律服务工作者存在的相关问题及发展和完善笔者提出了相关的建议,以期能够促进基层法律服务工作者更好的服务于基层群众。
[Abstract]:The legal service workers at the grass-roots level in our country have been born in the 1980s for more than 30 years and have been playing an important role in meeting the needs of legal services at the grass-roots level and maintaining social stability at the grass-roots level. In the legal service system at the grass-roots level in our country, the main bodies are divided into a "county-township-village" three-level structure system according to the administrative level to which they belong. Grass-roots legal service workers occupy a "middle position" in the three-level structure system by virtue of the advantage of being directly located in the township streets, which gives them a functional advantage close to the grass-roots masses. In order to help them better understand the legal needs of the grassroots and then make a timely response. However, looking back on the history of the development of legal service workers at the grass-roots level, as a whole, it is a historical new thing that has no legal norms, no theoretical argument and no support from practical experience. Moreover, it relies heavily on the policies and administrative measures of the state and the competent authorities in the subsequent normative development. Since it has not been confirmed by the law at the national level, the grass-roots legal service workers have been subjected to more severe tests and questions in the run-in with the new environment and new policy. Especially since the "decoupling and reforming" in 2000, the Administrative Licensing Law, which has been enacted one after another, has seriously threatened the legality of the legal services provided by grass-roots legal service workers. Academics and lawyers have been advocating the abolition of grassroots legal service workers. With the help of the structural and functional analysis method, the author makes a systematic functional analysis of the legal service workers at the grass-roots level in our country. The imbalance in the economic and cultural development of our country determines the multi-level characteristics of the distribution of legal service resources. Until the distribution of lawyers is not enough to cover the vast grass-roots areas and they have enough ability to pay for the legal services of lawyers, it is still necessary for grass-roots legal service workers to exist for a long time. Therefore, the correct attitude towards the future development of grass-roots legal service workers is not to design a new system to replace it, but to reform and improve it. In view of the related problems and the development and improvement of the legal service workers at the grass-roots level, the author puts forward some relevant suggestions in order to promote the legal service workers at the grass-roots level to serve the grassroots better.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5
，
本文编号：2183499
[Abstract]:The legal service workers at the grass-roots level in our country have been born in the 1980s for more than 30 years and have been playing an important role in meeting the needs of legal services at the grass-roots level and maintaining social stability at the grass-roots level. In the legal service system at the grass-roots level in our country, the main bodies are divided into a "county-township-village" three-level structure system according to the administrative level to which they belong. Grass-roots legal service workers occupy a "middle position" in the three-level structure system by virtue of the advantage of being directly located in the township streets, which gives them a functional advantage close to the grass-roots masses. In order to help them better understand the legal needs of the grassroots and then make a timely response. However, looking back on the history of the development of legal service workers at the grass-roots level, as a whole, it is a historical new thing that has no legal norms, no theoretical argument and no support from practical experience. Moreover, it relies heavily on the policies and administrative measures of the state and the competent authorities in the subsequent normative development. Since it has not been confirmed by the law at the national level, the grass-roots legal service workers have been subjected to more severe tests and questions in the run-in with the new environment and new policy. Especially since the "decoupling and reforming" in 2000, the Administrative Licensing Law, which has been enacted one after another, has seriously threatened the legality of the legal services provided by grass-roots legal service workers. Academics and lawyers have been advocating the abolition of grassroots legal service workers. With the help of the structural and functional analysis method, the author makes a systematic functional analysis of the legal service workers at the grass-roots level in our country. The imbalance in the economic and cultural development of our country determines the multi-level characteristics of the distribution of legal service resources. Until the distribution of lawyers is not enough to cover the vast grass-roots areas and they have enough ability to pay for the legal services of lawyers, it is still necessary for grass-roots legal service workers to exist for a long time. Therefore, the correct attitude towards the future development of grass-roots legal service workers is not to design a new system to replace it, but to reform and improve it. In view of the related problems and the development and improvement of the legal service workers at the grass-roots level, the author puts forward some relevant suggestions in order to promote the legal service workers at the grass-roots level to serve the grassroots better.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5
，
本文编号：2183499
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