Pro Bono, Legal Aid, and the Struggle for Justice in China

Abstract

This chapter examines the role of lawyers in providing legal services to indigent persons and facilitating access to justice in China. The chapter explores the degree to which access to justice in China is different from other countries, and addresses whether those differences are related to China’s political and legal system or China’s status as a middle-income country with a low level in GDP per capita. Under current Chinese law, the provision of legal services to the poor is both a government responsibility and a duty of practising lawyers. The principal argument of this Chapter is that legal aid has reduced the scope of non-professional representation, and that increased legal aid funding has commercialised legal aid in China and hollowed out public interest among lawyers in general. However, as the legal profession grows, a public interest spirit has started to develop outside the official legal aid system, with some lawyers volunteering their services to assist those in legal need and promote public interest.