注册 登录  
 加关注
   显示下一条  |  关闭
温馨提示!由于新浪微博认证机制调整,您的新浪微博帐号绑定已过期,请重新绑定!立即重新绑定新浪微博》  |  关闭

z1

 
 
 

日志

 
 
 
 

How the Legal Aid Spoke in Interest of Foreign Clients  

2011-05-24 11:21:21|  分类: legal aid in chi |  标签: |举报 |字号 订阅

  下载LOFTER 我的照片书  |

How the Legal Aid Spoke in Interest of Foreign Clients

------the Experiences from Legal Aid Division of Guang zhou, Guang dong Province

 

1. Briefing.

Guang zhou, close to Hong Kong and Macao, is the provincial capital in central Guang dong province. As one of the front cities of China Reform and Opening-up, Guang zhou has always been attracting more and more foreigners to work and live here. In recent years, according to relevant international conventions and China legislations, legal aid institutions in Guang zhou actively provided legal aid services for eligible foreigners who need legal aid and developed a “Guang zhou model” of dealing with legal aid cases involved foreigners.

Now, in Guang zhou, legal aid services provide for foreign clients are mainly criminal legal aid services assigned by local courts. According to statistics from 2008 to April 2011, legal aid institutions handled 461 cases involved foreign clients as a whole and all these cases are criminal legal aid cases. In order to provide high-quality and efficient legal aid services, the legal aid institutions divided these cases into two categories, one is legal aid cases with English language, the other is legal aid cases with rare foreign languages, according to languages spoken by foreign clients. Among these cases, 278 cases used English and 138 cases used rare foreign languages. According to crimes charged against, the categories and percentage of these cases included: 319 drug cases, 69.1%; 37 robbery cases, 8%; 19 burglary cases, 4.1%; 25 fraud cases, 5.4%; 5.4%; 3 organizing prostitution cases, 6.5% and 48 other cases, 10.4%.

2. Main measures

Firstly, assign well-trained, responsible, English-speaking lawyers to deal with cases. For the purpose of reducing the intermediate links, lowering the cost of handling cases and providing high-quality services, the legal aid institutions assigned well-trained, responsible lawyers, who are also familiar with English, to act as defenders of foreign clients speaking English. For example, in a homicide case about a foreign suspect who can speak English, the relevant legal aid institution appointed lawyer Zui chong from local Mingjing Law Firm, who is familiar with English and legal practice, to act as  the defender. After interviewed timely his client and carefully checked out the case materials, lawyer Zui found that the direct evidences from the prosecutors was not enough to prove the murder and that the indirect evidences also could not form a chain of evidences. On the basis of sufficient preparation, lawyer Zui made an eloquent plea for his client’s acquittal. In the event, the court adopted lawyer Zui defense opinion and pronounce his client not guilty.

Secondly, employ interpreters familiar with rare foreign languages. With the development of reform and opening-up, the demand for interpreters fluent in rare foreign languages grows when legal aid practitioners deals with legal aid cases, such as the languages of Urdu, Vietnamese, Thai and Korean. Apparently, the quality of legal aid service will be affected if the lawyers cannot communicate effectively with foreign clients speaking rare foreign languages in interviews and court sessions. In such circumstances, after on-the-spot investigating several translation companies, Guang zhou Legal Aid Division signed a contract of translation services with Tai ling Translation Company of Guang zhou. Under the contract, the Legal Aid Division can employ translators familiar with legal knowledge from the Translation Company to provide translating services when lawyers interview their clients speaking rare foreign languages only. By means of providing rare foreign language translators, the communicating obstacles between lawyers and their clients are removed and ensure that the rare foreign languages clients can sufficiently express their claim and protect their lawful rights.

Thirdly, include translating fee into legal aid fund. As the legal aid is increasingly playing an important role in building harmonious society, the Governments at all levels pay more and more attention to the legal aid work, and the legal aid investments from all levels’ Governments are highly raised. On purpose of ensuring the long-term of the system of employing rare foreign languages translators, in Guang zhou, legal aid institutions have included the translating fee into the legal aid fund and fixed the translating fee standard per case, for example, Urdu language, 900 Yuan per case, Thai language, 700 Yuan per case and Vietnamese language, 600 Yuan per case.

3. Strengthen management and supervision.

Firstly, carry out the whole course track and management system of handling cases. The collective discussion system of complex cases was established. After complex legal aid cases were assigned, legal aid institutions will timely communicate with the lawyers dealt with the cases and hold collective discussions, to ensure the cases’ quality. Improve the system of sitting in on relevant court sessions and formulate performance standards of legal aid lawyers in court sessions. For some important and complex cases, legal aid institution will organize supervising and guiding lawyer to sit in on court session. If there is problem, the supervising and guiding lawyer will point out and give suggestions to the lawyer handling the case.

Secondly, do well with legal aid feedback work of clients and courts. Give out and collect the feedback sheets. Contact directly legal aid clients and courts to get their opinion about lawyers’ services.

Thirdly, do well with the file of end of a case and establish review system of legal aid cases’ quality.

                   (From: Guang zhou Legal Aid Division, Guang dong province)                       

  评论这张
 
阅读(30)| 评论(0)
推荐 转载

历史上的今天

评论

<#--最新日志,群博日志--> <#--推荐日志--> <#--引用记录--> <#--博主推荐--> <#--随机阅读--> <#--首页推荐--> <#--历史上的今天--> <#--被推荐日志--> <#--上一篇,下一篇--> <#-- 热度 --> <#-- 网易新闻广告 --> <#--右边模块结构--> <#--评论模块结构--> <#--引用模块结构--> <#--博主发起的投票-->
 
 
 
 
 
 
 
 
 
 
 
 
 
 

页脚

网易公司版权所有 ©1997-2017