Legal Aid: A New Champion In Establishing The Rule Of Law In China

Topic: Legal Aid: a New Champion in Establishing the Rule of Law in China Abstract

This paper critically examines the development of legal aid service in China since its conception in 1994 and its active role played in establishing and promoting the rule of law in China. The research is based on data widely available in the public domain. New China under the governance of the Communists Party has endured and survived devastating warfare, natural disasters and political turmoils since 1949. The traditional Legalist and Confucianism jurisprudence had been replaced by Marxism ideology. It has not opened itself to the outside world until 1978 and has made great strides in reestablishing legal system, introducing a new body of modern laws and legal institutions. Legal Aid has been established only for about 15 years. It also contributed into positive changes in raising the legal awareness and expectations of citizens, putting government under some scrutiny and facilitating ordinary citizens’ wider access to legal representation. The paper also highlights the aspects for further reform, more funding and more responsible government with representative legislature, transparent governance, and consistent and independent judicial system. The challenge remains the same: how a diverse and multi-racial China disseminates legal information into vast rural and remote regions through its state led legal mobilization? How to neutralize the perception of arbitrariness and unfairness, evaluate and improve its legal system. It concludes Legal Aid has certainly helped protect citizens basic rights, hold bureaucrats more accountable, promote the rule of law, rather than rule by persons. By comparison with US, Australia has lagged behind in funding research promoting Fazhi in China. Keywords: China, legal aid, fazhi, renzhi, rule of law, rule by person, legal mobilization, legal consciousness, citizens rights Author:

Stephen Lin, Principal ABC Immigration & Education Consultants BA (C China), LLB (UQ, Postgrad Entry), Grad Cert Business Admin (Griffith), Grad Dip in Legal Practice (QUT) Solicitor/Barrister: High Court of Australia, QLD, NSW, WA He is admitted to practise law in High Court of Australia, Supreme Court of Queensland, New South Wales and Western Australia. He was a lecturer in Central China prior to migrating to Australia in 1995. He is a community journalist for Mandarin Radio programs and have received numerous grants to display photos depicting Chinese migrant history in Australia and Faith and Worship in Asia. He has worked in community legal aid sector since 2002. He initiated the First Taipei

International Legal Aid Forum and published paper outlining legal aid and community legal service in Australia. He has keen research interest in legal aid in China and advocates continuously for a more active role to be played by Australian scholars and institutions into building the Rule of Law in China. ABC Immigration & Education Consultants Address: 18 Bonython St, Windsor Q4030 Mobile: 0434 995 358 Email: [email protected] or [email protected]