Experts urge expansion of legal aid to cover all defendants

Lawyer Li Shuting speaks to the media outside the Second Circuit Court in Shenyang, Liaoning province, after his client Nie Shubin was exonerated in December. Nie was executed in 1995 as a result of a flawed trial. [WANG YUEXI/CHINA DAILY]

Economic burden

The low rate of pay is also a stumbling block, according to Zhang, who once conducted eight defense cases in the same year. "I was exhausted," he said.

According to Ji, lawyers also find it difficult to claim payment for their services: "Criminal cases cost a lawyer a great deal more time and energy than civil suits, no matter how simple they are. But it's often difficult to claim payment from the client or the government."

Although the government is obliged by law to provide legal-aid lawyers for all defendants who are unable to pay, the fact is that usually only young offenders and those who may be sentenced to death are offered assistance.

Zhang was pleased that an increasing number of people are aware that they will need a lawyer to defend them in the event of a dispute, but he remained skeptical. "Only a small number of lawyers are willing to provide such aid," he said.

In Beijing, the payment for designated lawyers in defense cases has been raised to 2,000 yuan ($291) from 500 yuan per case, irrespective of its duration.

"The money still doesn't cover basic living expenses," he said. "It's a market-driven world. Lawyers are no exception. If it's easy to earn more money from commercial or intellectual property disputes, who would work on a criminal case for a lower income?"

He and his partners are using money they earn in other cases to support themselves while they offer their services to many defendants for free: "We want to do something for defendants in criminal cases and for the legal profession."

Countermeasures

Wang Zhixiang, a professor of law at Beijing Normal University, said effective defense lawyers would ensure that judges and prosecutors don't abuse their powers. He called on the government to protect the rights of lawyers nationwide, and said the role of criminal lawyers in every legal procedure, from investigation to trial, should be fully respected.

According to Ji, some defendants are not allowed to meet their attorneys until the first day of the court case. He urged the government to provide more funding for designated lawyers to reduce the economic pressures on them and less-wealthy clients.

Wang Wanqiong, the lawyer, suggested that private donations should also encouraged. She pointed out that some associations in the United States raise funds to help less-wealthy victims of crime and defendants to collect evidence. "The government could adopt this measure－it would definitely contribute to an upsurge in the number of lawyers willing to defend people in China's courts," she said.