China’s legislature is expected to approve the country’s first Legal Aid Law later this year. The current draft, which has passed its first reading, could expand the pool of criminal defendants eligible for legal aid – and increase demand for lawyers. Below are links to transcripts of presentations that four Chinese legal experts made at the U.S.-China Legal Aid Dialogue co-hosted by the U.S.-Asia Law Institute at NYU and the National Institute of Legal Aid at the China University of Political Science and Law in April 2021. The transcripts were originally published in the journal Renmin Fazhi or People’s Rule of Law.
Professor FAN Chongyi (https://mp.weixin.qq.com/s/GfEHlK3lNaFuk2g0En8jsw)
His talk laid out the background of the development of the legal aid system in China since the 1980s. Professor Fan pointed out six issues in the current legal aid work governed by the State Council’s Regulations on Legal Aid and eight supporting normative documents from other agencies.
Professor GU Yongzhong (https://mp.weixin.qq.com/s/PV_MTJu-Dz4GQhqkc5e3zw)
His talk focused on two issues in the current draft: the institutional organization of legal aid and service providers in China, and recipients of legal aid services and eligibility requirements.
Professor ZUO Weimin (https://mp.weixin.qq.com/s/CQMjeXu88m6bQxoHrfan9Q)
Based on his empirical research, Professor Zuo discussed the effect and impact of legal aid on criminal cases handled through “ordinary” court procedures.
Professor WU Hongyao (https://mp.weixin.qq.com/s/fhAVh9CxuMxGcotNQ8G59Q)
Professor Wu summarized legal aid issues into two categories. First, issues that have been commonly agreed among scholars and legislators and where the draft law reflects this consensus, such as setting up local legal aid centers, expanding the scope of legal aid recipients, and eliminating proof of financial hardship. Second, issues where there is no such consensus, such as the nature of legal aid institutions, government subsidies, and tailored legal aid for victims, juveniles, women, and other specific social groups.