法律援助對象範圍的生成機制與優化進路

The Generation Mechanism and Optimization Approach of the Scope of Legal Aid Recipients

《法律援助法》第2條將法律援助對象規定為“經濟困難公民和符合法定條件的其他當事人”。何謂“符合法定條件的其他當事人”，《法律援助法》本身未能明確，相關立法說明亦語焉不詳。考察我國法律援助對象範圍的流變過程，可發現農民工、軍人軍屬、退役軍人、警察等特殊群體被地方性法規、規範性文件等明確為法律援助對象，乃至重點法律援助對象。整個流變過程，在整體呈擴展趨勢的同時，又展現出鮮明發展特徵及潜在問題。這些特徵與問題背後，是我國法律援助制度在扶危濟困和社會治理兩方面上的多重價值目標，以及作為扶助貧弱的法律制度與維護社會穩定、促進社會發展的治理工具之雙重屬性。既有法律援助對象範圍生成機制中，社會治理需求的影響較大，雖有助於提高治理效能、維護社會穩定、促進社會發展，但亦存在公平性欠缺、穩定性不足、忽視少數群體等有待完善之處。理應均衡考慮法律援助制度扶危濟困的制度底色與現實的社會治理需求，對既有法律援助對象範圍生成機制予以優化。

Article 2 of the Legal Aid Law stipulates that the recipients of legal aid are "economically disadvantaged citizens and other parties who meet the statutory conditions." The meaning of "other parties who meet the statutory conditions" is not clearly defined in the Legal Aid Law itself, and the relevant legislative explanations are also vague. Examining the changes in the scope of legal aid recipients in China, it can be observed that special groups such as migrant workers, military personnel and their dependents, retired military personnel, and police officers have been explicitly designated as recipients of legal aid by local regulations and normative documents, and even as key recipients of legal aid. Throughout this process of change, while there is an overall expansion trend, there are also distinct development characteristics and potential issues.Behind these characteristics and issues lies the dual nature of China’s legal aid system, which serves as both a legal system to assist the poor and vulnerable and a governance tool to maintain social stability and promote social development, reflecting multiple value goals. In the mechanism for determining the scope of legal aid recipients, the influence of social governance needs is significant. While this may help improve governance efficiency, maintain social stability, and promote social development, there are also shortcomings in terms of fairness, stability, and the neglect of minority groups that need to be addressed. It is necessary to balance the institutional foundation of the legal aid system to assist the poor and vulnerable with the practical needs of social governance, and optimize the mechanism for determining the scope of legal aid recipients.