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我国《法律援助条例》规定了律师有义务提供法律援助,各地制定的法律援助法规也都规定每名律师每年必须办理一定数量的法律援助案件。强制律师提供法律援助在平衡律师职业主义产生的垄断和抑制律师商业主义造成的法律服务向有钱人集中方面有积极的意义,然而,强制律师提供法律服务带来了对律师服务质量的担忧。国家应当增加对律师办理法律援助案件的利益刺激和建立完善的质量评估体系,以保证法律援助的质量。
China’s “Legal Aid Regulations” stipulate that lawyers have an obligation to provide legal aid. Legal aid laws enacted in various places also stipulate that each lawyer must handle a certain amount of legal aid cases each year. Forcing lawyers to provide legal aid has the positive meaning of balancing the monopoly generated by lawyers’ professionalism and restraining the concentration of legal services caused by lawyers’ commercialism on rich people. However, forcing lawyers to provide legal services has raised concerns about the quality of lawyers’ services. The state should increase the incentives for lawyers to handle legal aid cases and establish a sound quality evaluation system to ensure the quality of legal aid.