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Origins of the Legal Aid Foundation
Philosophy, Principles and Mission for LAF
Message from Chairperson
Mission, Purpose of Establishment and Sources of Funding
Organizational Structure
A Chronicle of the Foundation's Events
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The Foundation's Outlook for the Future
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Origins of the Legal Aid Foundation

   Legal aid refers to the practice of providing systematic assistance to those who require professional legal assistance but are without the means of paying the costs of litigation and legal fees. The provision of legal aid helps people in upholding their constitutionally protected rights to access the court system.

In a move to enforce the protection of the constitutional right of equal access to justice in Taiwan, three organizations- the Judicial Reform Foundation, the Taipei Bar Association, and the Taiwan Association for Human Rights, represented by attorneys Lin Yong-Song and Cheng Wun-Long, convened a promotion group which held meetings regularly each month to research and evaluate the legal aid systems in use in other countries. The group consisted of attorneys Chang Bing-Huang, Cheng Wen-Ling, Chiu Huang-Cyoan, Chu Jui-Yang, Lin Chang-Hung and Hsieh Cheng-Ta, professor Wu Zhi-Guang, National Policy Consultant Huang Wen-Hsiung and both the former and current Executive Generals of the Judicial Reform Foundation, Wang Shih-Sih and Lin Ching-Ping.

In July 1999, the National Judicial Reform Conference approved the agenda to promote the creation of a legal aid system in Taiwan. With the enthusiastic participation and research of the above people, the draft of the community version of the Legal Aid Act was finalized within 2 years and was proposed in the Legislative Yuan by Legislator Chiu Tai-San. The Ministry of Justice also convened its own drafting committee pursuant to the conclusion reached at the Conference, and finalized its draft after 25 meetings. On the basis that the operation of legal aid relates to the affairs of the Judicial Yuan, the matter was transferred to the Judicial Yuan, which took over on July 1, 2000 and began assembling its drafting committee. The draft was finalized after 10 meetings and was presented to the Legislative Yuan in August 2001.

To enable the smooth passage of the Legal Aid Act, in December 2003, the Judicial Reform Foundation, the Taipei Bar Association and the Taipei Society formed an alliance to promote the reform of three legislations. Members included the convener Professor Chu Hai-Yuan, Justices Su Su-E and Tsai Chiung-Tun, attorneys Chen Chuan-Yueh, Chang Chu-Fang, Cheng Wun-long, Lin Yong-Song, Lin Ching-Ping, Lin Chung-Hung, Gu Li-Syong, Hsueh Chin-Feng and Huang Hsu-Tien, Mr. Chien Hsi-Chieh, Judge Advocates Chen Jui-Jen and Wu Wen-Chung, Deputy Director Chung Kung-Chao, and Director Lu Tien-Lin.The aim was to promote the reform of three legislations, including the Legal Aid Act, and to pursue equal access to the courts, quality adjudication and an efficient judicial system. Members of the alliance lobbied their cause in the Legislative Yuan and visited the President of the Legislative Yuan, Mr. Wong Jin-Ping. The alliance also sought and received unanimous support from legislators. When the Directorate General of Budget, Accounting and Statistics refused to fund legal aid, the alliance turned to the President of the Executive Yuan, Mr. Yu Shyi-Kun and the President, Mr. Chen Shui-Bian. In response, the alliance received strong support from the President of the Executive Yuan and President Chen, and also the promise that the Executive Yuan will contribute NT$50,000,000 each year in addition to the Judicial Yuan’s budget, and a further NT$500,000,000 for operation costs. This finally resolved the issue of funding.

After tireless community efforts and with the strong support of the Judicial Yuan, the Legal Aid Act was passed on December 23, 2003 and was promulgated by the President on January 7, 2004. This event is good news for the socially and financially disadvantaged groups, which include labor, women, children, and indigenous people. In the future, they will no longer be helpless when they have to deal with the legal system. When they need legal advice, representation in civil, administrative or criminal proceedings or assistance in the drafting of legal documents, the Legal Aid Foundation, funded by the Judicial Yuan, will provide that assistance to eligible applicants.

Under the Legal Aid Act, the Foundation is funded by the Judicial Yuan, related governmental entities and community groups. The Foundation began operations on July 1, 2004. Branch offices were opened in Taipei, Taichung, Tainan, Kaohsiung and Hualian near the locations of the High Courts, and five more branch offices have also been opened in Taoyuan, Hsinchu, Changhua, Yilan, and Taitung on January 10, 2005. In the same year, additional 9 branch offices, including Keelung, Miaoli, Nantou, Yunlin, Chiayi, Pingtung, Penghu, Kinman and Matsu were also established.Currently, there are 19 branch offices throughout Taiwan to provide the legal aid services.

 

 
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