The first is to establish a legal aid team supplemented by grassroots judicial offices. Grassroots judicial offices directly face urban streets and rural areas, and legal aid is an important work of judicial offices. The staff of the judicial office are the staff of the judicial administrative organs, and their salary income is guaranteed, unlike law firms and legal service offices, which rely on service cases to survive. Therefore, all the staff of grassroots judicial offices should be included in the legal aid team, and judicial office staff should be encouraged to handle legal aid cases.
The second is to establish a team of full-time lawyers for legal aid. Full-time legal aid lawyers refer to lawyers who practice in legal aid institutions established by the government and are the official staff of legal aid institutions. The difference between them and social lawyers is that they have salary income and do not rely on handling cases to survive. Their duty is to serve the clients, handle legal aid cases, and avoid the phenomenon that social lawyers are perfunctory and irresponsible in pursuit of economic interests. Therefore, it is necessary to establish a team of full-time legal aid lawyers.
(two) to strengthen the professional ethics and practice discipline education of legal aid personnel.
The legal aid center is the management and guidance organ of legal aid. The legal aid center should regularly carry out education and training with the professional ethics and practice discipline of legal aid as the content, and pay attention to various systems and disciplines of legal aid.
(C) the establishment of legal aid cases quality monitoring mechanism
1, establish a quality evaluation system.
Legal aid institutions regularly conduct centralized evaluation of legal aid cases, and make excellent, qualified and unqualified evaluations of specific cases. For unqualified cases, legal aid contractors will make written comments on the evaluation of 1 unqualified cases, legal aid contractors will be warned in 2 unqualified cases and disqualified in 3 unqualified cases.
2, strengthen the supervision of the case process.
First, one-time notification. Inform in writing the rights and obligations of the recipient and the legal aid case undertaker and the supervision telephone number; Second, follow the handling process. The legal aid center shall know the progress of the case from the recipient by telephone or other means, and correct the problems in time when found; The third is to establish a contractor reporting system. The undertaker shall report the evidence collection, main viewpoints of agency (or defense) and case analysis opinions to the legal aid center before the court session or regularly; The fourth is to attend the trial. Randomly check some cases every month in a planned way to participate in the audit, and prosecute the universal warning function through effective supervision of the cases; The fifth is to establish a collective discussion system for major and difficult cases. For the difficult and complicated legal aid cases that have great influence in accepting group legal aid cases, collective discussion shall be carried out to analyze and study the case. In the analysis and research, the subject of the case, the legal relationship and the application of the law are accurately determined, and the undertaking scheme is determined to ensure the quality and effect of handling the case.
3. Pay attention to case management.
The first is to consult the case file. Check whether the materials in the volume are complete, whether the transcript of the conversation and the evidence obtained meet the requirements, and whether the legal documents such as the complaint, defense, proxy and defense are used correctly; The second is to pay a return visit to the parties. Use case quality tracking cards, legal case return visits and other forms to solicit the opinions of the recipients, and track and supervise the handling procedures, service quality, fact finding and legal application of legal aid personnel; The third is to visit the case handling agency. Visit regularly to listen to their opinions and suggestions on legal aid contractors, improve working methods in time, and improve the quality of handling cases.
(four) the establishment of legal aid quality reward and punishment mechanism.
In order to fully mobilize the enthusiasm of legal aid workers to pay attention to the quality of legal services, legal aid institutions have formulated the quality evaluation standards of legal aid cases, and legal aid institutions have established a method of linking case subsidies with the quality of legal services. According to the handling of the case, evaluate the handling quality of the undertaker and determine the excellent, qualified and unqualified quality grades. The case subsidy for unqualified legal aid cases will be reduced by 40%, and the case subsidy for excellent legal aid cases will be increased by 30%. Improving the quality of legal aid service by using quality evaluation and reward and punishment system.
(five) the establishment of legal aid service quality notification system.
Legal aid institutions shall regularly report the service quality of legal aid cases handled, and praise cases with good service quality in combination with the results of inspection and evaluation of legal aid cases; For cases with poor service quality, informed criticism was given, and legal aid personnel were ordered to put forward written rectification measures to prevent recurrence.
(six) to increase the legal aid business knowledge training.
Legal aid institutions shall provide professional training for legal aid personnel from the aspects of case acceptance, handling procedures, conversation skills and language with parties, how to inform risks, evidence collection and review, and legal knowledge. Training methods should be diversified and pragmatic.
(seven) the establishment of legal aid misjudged cases accountability system.
In the process of handling cases, legal aid institutions shall find out the facts one by one and give timely feedback to the complainants. If the undertaker of a legal aid case violates discipline and rules and is seriously irresponsible in the legal aid work, so that the recipient suffers losses, he shall bear corresponding legal responsibilities.
(8) Increase the investment of governments at all levels in legal aid.
At present, cities and districts have included legal aid funds in their fiscal budgets, while towns (streets) have not included legal aid funds in their fiscal budgets at the same level. Legal aid is a popular project as well as a government project. Governments at all levels should attach importance to and strengthen legal aid work from the perspective of building a harmonious society and serving people's livelihood. City, district (county), township (street) should increase investment in legal aid work, and legal aid institutions should increase subsidies for legal aid cases.