The Center for Protection for the
Rights of Disadvantaged Citizens of
2006-3-18
Summary in 2005 of
The Center for Protection for the Rights of Disadvantaged Citizens of
Reviewed 2005, there were full of great efforts of the volunteers of the Center for Protection for the Rights of Disadvantaged Citizens of Wuhan University (CPRDC, Shorted as The Center below). The Center also made great achievements in the legal aid field. It was in 2005 that we had devoted our energy to
While the implementation of the regulation of law aid, legal aid institutions have been founded around country. Many universities are also devoting into this great career. They make this occupation more prosperous. When the citizens’ sense of right protection is enhancing, the disadvantaged need more legal aid service. They need a higher standard for both the quality and quantity of the legal aid service. The Center always keeps its good tradition, provide legal service for the disadvantaged, and try to do it with our characteristics.
1.Serving the people, protecting the rights of disadvantaged citizens responsibly
Legal aid is not only a duty of the society, but it is also our career. It is important for us to implement the principle “everyone is equal in front of law”. It is essential to the protection of the human rights. The volunteers in the Center try their best to use their professional skills, acting as agents in court, to protect the justice of the society. In 2005, we received more than 5200 visitors, answered about 118 letters and were consulted by telephone for about 3600 times.
As to case deputy in 2005, we deputized for 114 lawsuits in total, 30 ones of the Women's Rights Department, 5 of the Minors, 23 of the Disabled, 5 of the Administrative, 27 of the Old, 24 of the Labors. And finished 54 ones, won most of them, with a winning ratio of 72%. The case types in 2005 covered dismantle compensation cases，land compensation cases, labor cases，injury compensation cases，medical compensation cases，fostering cases, traffic accident compensation cases, house property cases, and so on.
In order to protect the disadvantaged, volunteers of the Center work hard everyday. By resort to legal action, they uphold the society justice. They comfort the olds, send warm to laid-off workers and pleased the children.
A female worker, named Hu Huiping, had been working in Gangxin Realty Agency for many years. She earned a small salary to raise her boy herself. In April, 2005, the agency suddenly noticed Hu Huiping to terminate the labor contract. After some handing-over procedure, the agency refused to pay the compensation, which the agency had to pay according to the law.
Hu Huiping thought that the agency should pay as much as six months’ salary as compensation, because she had worked in the agency for 6 years. So she refused to accept the idea of terminating the labor contract. The boss of the Gangxin Realty Agency was extremely tough. He claimed that if Hu Huiping didn’t agree to be laid-off worker, he would never pay any compensation.
Half a month later, the agency dissolved labor relation with Hu Huiping, for that she didn’t work for 15 days continuously without permission. According to article 25 of Labor Law, the agency needn’t to pay any compensation. After losing her job, Hu Huiping suffered hardships. She couldn’t afford a lawyer for lacking money. She was filled with grievance. The employees in Gangxin Realty Agency had sympathy with t Hu Huiping. But under the pressure of the agency, they dared not to tell the truth.
In August, 2005, Hu Huiping came to the Center to ask for help. The principal of Labors’ Rights Department looked through the documents and determined to offer her legal aid. With the help of the volunteer, Hu Huiping learned to apply for arbitration in labor dispute arbitration committee. During the arbitrating process, the volunteer submitted proofs flexibly and successfully. He proved that Hu Huiping didn’t break the working rules. He also pointed out that the agency didn’t pay salary to Hu Huiping in accordance with their labor contract. According to the Labor Law, if the employer doesn’t pay salary or offer work equipments as the labor contract stipulate, the employee can notice the employer to terminate the labor contract at any time and can ask for compensation.
The arbitrator fully adopted the volunteer’s idea. The Gangxin Realty Agency had to pay Hu Huiping sufficient salary and compensation. The case was successfully solved at last.
As disadvantage citizens, after their rights are infringed, they expect that they can be cared about. When they are suffering hardships, the Center offers unselfish help timely, protects their rights by means of law and makes them feel more warmth of our society.
2 Strengthening management, setting up and perfecting the working system
Managing strictly and carefully, striving to develop with standard manage model is very important to an institution’s sustaining development. Since the foundation of the Center, we have been exploring innovation constantly, standardizing management, and sticking to a management mode having its own characteristics, which is combined with innovation, inheritance and reference together.
In order to improvement of financial management, the Center carried on a series of reforms according to two new rules made by the State Department on January 1st, 2005. The center consummated the financial management systems successfully.
The financial rules of the Center are sound. The Center insists on keeping the nature of nonprofit organization, insists on sustainable development. In 2005, Bureau of Civil Affairs of Hubei province carried on an annual program which check the NGO’s “annual report” and “social audit report” made by the accounting firm. The Center passed the inspection smoothly.
In order to improve administration, the Center drafts “Charter for DPRDC” and acts according to the charter strictly. Moreover, the Center also made some detailed rules such as “Rules of personnel in charge of the case”, “party notice”, “books and archives reading rules” and so on.
In 2005, the Center made “ volunteers’ manual”. The information such as the aim of the center, organization, service object, operation mechanism, etc. were listed in this manual in detail. The manual defined the rights that volunteers could shared and obligations that should be fulfilled. It standardize the volunteers’ behavior. This manual has already been used for reference by other legal aid institutions and even used as a model.
On the recruitment and management of the volunteers, the Center fully utilizes the advantages that it was set up by university. It chooses volunteers strictly, absorbs volunteers with good professional achievements, wonderful practice ability and strong social responsibility.
After investigated and trained, the volunteers will be arranged to work. The Center sets up an open and fair recruiting system. It strengthens the volunteers’ aptitude tests and training management. It defines the volunteers’ duty, demarcates rewards and punishment clearly, which makes a strong volunteers’ team.
3 Being full of public spirited, contributing to the civilization and development of the society.
Legal aid is a special kind of public welfare, which needs devotion of law workers and broad of the public. The Center has always been strengthening interaction and communication with outside, participating in all kinds of public activities extensively. The center has also been utilizing social resources fully, inviting the whole society participates in legal aid work together, expanding social influence of legal aid, maximizing the nature of legal aid “relieving the disadvantaged, upholding the justice”.
Among the people who come to the Center asking for help, most of them are helpless women and children whose rights have been infringed many times. The Center not only helps them pass the present difficulty, but also tries to give them the relief as more as possible. By offering legal aid, the Center strengthens the self-protection sense of the disadvantaged. Meanwhile, the Center Appeals the society to pays attention to the bad condition which women and children have to suffered. With the effort of the community, it is possible to build a harmonious and peaceful environment.
In 2005, director of the Center, professor Mo Hongxian, and some experts appeal to set up a volunteers association for protection of the rights of women and children of
As to the legal disputes concerned the women and the children, the Center exert professional skills to help them; as to other problems, the Center calls on the society to deal with the difficulties that the disadvantaged suffered.
In 2005 professor Mo also made a lecture named “protecting women’s rights, constructing a harmonious society” to all woman cadres of Yichang municipality and Wuhan Women’s Federation. This lecture strengthened the legal sense of members in government. In the same year, co-operation with Criminal Law Research Center and a rights protection organization in
The Center is located in the provincial capital which is very convenient for people from all directions. The Center never ignores the citizens who lived in the remote mountain areas where traffic and information are very bad. On April 23, 2005, deputy director of the Center, professor Lin Lihong, went to the remote Luotian county with 16volunteers, to “bringr law to the countryside”. They taught the local peasants legal knowledge, helped them to resolve legal disputes, and presented them a lot of legal books.
Inherited its good tradition, The Center receives visitors enthusiastically. Sometimes the volunteers of the center go to the street to offer leagal service to citizens in spite of in severe cold and hot weather.
On July 30, 2005, office director of the Center Zhao Xuesong with volunteers participated in a large-scale law aid activity. They were extensive praised for their excellent behavior. On December 4, which is known as “Law Propaganda Day”, 20 volunteers of the Center went onto the street in the cold wind, to offered legal advice to citizens and presented them with several hundreds of books of Rights Pamphlets book series.
In 2005, an celebration nominating “charitable star of public service of
When studying in the institution of university, you are still concerned the disadvantaged. Carrying forward and not hesitating to do what is right, you make noble spirit live forever.
Fighting for the legal rights of the disadvantaged, leaving fair and justice in the world, you make Chinese chivalry spread around the country. Because of your dedications, the dream of the disabled is sweet, the future of the disadvantaged is full of hope.
4. summarizing experience, using rich theory to guide legal aid practice
The chinese aphorism says, “A workman who wants to do his work well, must sharpen his tools first”. Summarizing experience in time, drawing lessons from the foreign legal aid institutions, the Center enriches and develops the legal aid theory. The Center encourages people with advanced deeds, guides people with advanced theories. Experts and scholars who worked in the Center not only finished many monographs on legal aid, but also wrote a large number of relevant theses.
In 2005, director of the Center, professor Mo Hongxian, and volunteer Hu Chunli wrote a thesis named “current situation of NGO participating in legal aid------on the basis of CPRDC’s legal aid practice”. Then professor Mo attended “Sino-Canada legal aid and communities’ legal service” seminar . She made speech on the basis of this article at the meeting. Under the hoster’s requirement, she introduced the experience of the Center that works as a civil legal aid institution. Professor Mo Hongxian exchanged opinions with domestic and international law experts on legal aid field.
Also Professor Mo and volunteer Hu Chunli submitted a thesis named “several thoughts on the development of universities’ legal aid institutions” to the seminar of
On October 27, “legal aid theory and practice seminar”, which was hosted by
Several officials of
Xiang Yan, minister of the minor rights department, was invited to visit
5 working hard, making great achievements
Facing the expecting eye of the disadvantaged, we dared not to slack our duty in these years. As the first legal aid institution in the country, we value the honor as our life. We service the society as our own duty, insist on human–oriented principle, strengthen the construction of sincerity and self-discipline. With high-level social responsibility, we try our best to do more practical things to the society. In 2005, Ministry of Civil Affairs granted the Center “ advanced unit of self-disciplined and honest in NGO ”.
Being conscientious in legal aid work, being generous and unselfish on the attitude of life, is the creed that numerous volunteers in the Center stick to all the time. Xu Kangding, duputy director of the Center, as a disabled person himself, with true love of the disadvantaged and warm heart of devoting to the public service, used his own professional skills to protect the rights of the disabled and uphold the justice of the society, no matter how difficult it is. Various circles of the society speak highly of the Center. Propaganda department of
The Chinese Information Office of the State Council published the white paper entitled “progress of the human rights in
Liu Rui, director of CCTV social education program, and his several colleagues came to the Center to make a program named “
Professor Cilifce. Jonshon from Sweden Lund University, Mr. Michael, director of Amercian “international judicial bridge, some teachers and students of Australia Griffith University came to visit the Center one after another. They exchanged ideas with the Center and knew more about
Legal aid plays an essential role in making citizens get equal judicial protection. It ensure the public to enjoy lawsuit right to realize judicial justice. It has been a sign of a sound legal system and a progressive civilization society. For the disadvantaged, legal aid is like the sunshine in winter, which can bring them warmth. It is our responsibility to offer the disadvantaged with legal aid. It is our duty to protect their legal rights not to be infringed. Looking forward to the year 2006, the Center will make a new choice of strategy. We require better legal aid practice, stronger volunteers’ team and higher professional skills. We are sure to expect a brighter future of