Legal aid ensures equal treatment under law

Supervision

Judicial administrative authorities are the supervisors and administrators of legal aid work. The Ministry of Justice is in charge of administering national legal aid work. Governments and judicial administrative authorities higher than the county level are responsible for supervising and administrating local legal aid.

The Ministry of Justice is mainly responsible for directing and checking the implementation of laws, regulations and policies of legal aid, planning the development of legal aid across the country, undertaking the work of supervising and administrating the staff of legal aid agencies, and directing social organizations and volunteers to conduct legal aid works.

Judicial administrative authorities at different levels have different jobs and focuses in their supervision of legal aid work. The judicial administrative authorities at the ministerial and provincial levels undertake similar jobs in supervision. The judicial administrative departments at the city, county and district levels are in charge of implementing and enforcing the rules on legal aid in relevant laws, regulations and rules.

Funding

Regulations mandate that providing legal aid is the government's responsibility. Government entities higher than the county level should take active measures to promote legal aid and provide financial supports for the work.

After years of development, government has become the main source of funding for legal aid, and this is supplemented by funds from society.

Central and provincial authorities have established special subsidies to assist local legal aid work at the county and district level in the middle and western parts of China. The special lottery program for public welfare of the central government was created to fund legal aid works for migrant workers and the disabled.

Some provinces created special funds to help the poverty-stricken areas create legal aid programs. The special transfer payments from the central and provincial financial and judicial authorities also cover the funds for legal aid.

Most governments above the county level have already incorporated legal aid funding into their financial budgets. Furthermore, private funding is also encouraged to support legal aid and guarantee its viability.

The author is director-general of the Department of Legal Aid of the Ministry of Justice.