Article 1 In order to further strengthen and standardize the legal aid services for retired military personnel in our province, these working rules are formulated in accordance with the spirit of the Opinions on Strengthening Legal Aid for Retired Military Personnel issued by the Department of Veterans Affairs and in combination with the actual work of retired military personnel in our province.
Article 2 The term "legal aid and assistance services for retired military personnel" as mentioned in these Detailed Rules refers to the legal aid and assistance workstations (including consultation windows, the same below) set up by the affairs departments of retired military personnel at all levels in Shanxi Province, which provide legal services such as legal consultation, mediation, arbitration or litigation agency for the majority of retired military personnel free of charge according to the relevant laws and policies of the state and our province.
Article 3 To carry out legal aid services for ex-servicemen, we must adhere to the principle of handling cases and serving according to law, closely focus on the actual needs of the vast number of ex-servicemen, and provide high-quality legal aid services to ensure that ex-servicemen get high-quality and efficient legal help when they encounter legal problems or their legitimate rights and interests need to be safeguarded.
Chapter II Forms and Scope of Legal Aid Services
Article 4 The forms of legal aid services mainly include:
(1) Providing legal advice;
(2) Providing legal advice;
(3) Drafting legal documents on his behalf;
(4) Agents ad litem and non-litigation agents in civil cases, administrative cases and state compensation cases;
(five) labor dispute mediation and arbitration institutions;
(six) other matters stipulated by laws and regulations.
Article 5. For the following matters that need to be represented, ex-servicemen who have not entrusted an agent due to economic difficulties may apply for legal aid and rescue services from the ex-servicemen legal aid workstation:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or social assistance;
(3) Requesting a pension;
(4) Requesting to pay alimony and maintenance fees;
(5) Requesting confirmation of labor relations, payment of labor remuneration or payment of economic compensation or compensation due to labor disputes;
(6) Requesting a citizen to have no or limited capacity for civil conduct;
(7) Requesting compensation for personal injury such as industrial accidents, traffic accidents, food and drug safety accidents and medical accidents;
(eight) to claim compensation for environmental pollution and ecological damage;
(nine) the request for infringement of their legitimate rights and interests due to marriage and family disputes;
(ten) due to disputes over the quality of agricultural products, rural land and forest land contract disputes, homestead disputes and other violations of their legitimate rights and interests;
(eleven) other legal aid matters stipulated by laws and regulations.
Sixth consulting matters do not belong to the scope of legal aid services, legal aid workstation staff can make legal suggestions for visitors; If the consultation matters do not belong to legal issues or have nothing to do with legal aid, they shall give a one-time written reply and inform the visitors of the ways to safeguard their legitimate rights and interests.
Article 7 For criminal cases in which visitors apply for legal aid, the staff of the ex-servicemen legal aid workstation shall forward the application to the legal aid center established by the local judicial administrative department according to law.
Article 8 The legal aid workstations for ex-servicemen at all levels shall provide legal advisory services through service windows, telephones and the Internet. Remind the parties that they have the right to apply for legal aid services according to law and inform them of the conditions and procedures for applying for legal aid services.
Chapter III Clients of Legal Aid Services
Article 9 Ex-servicemen who meet any of the following circumstances belong to the legal aid service targets stipulated in these Detailed Rules:
Economic difficulties;
(two) social assistance, judicial assistance or special care recipients in accordance with the provisions of the legal aid law;
(three) the elderly, the disabled and other specific groups that meet the requirements of the Legal Aid Law;
(four) migrant workers who apply for payment of labor remuneration or claim compensation for personal injury due to industrial accidents;
(5) Obtaining judicial assistance;
(6) Other circumstances stipulated by laws and regulations.
Article 10 Where an applicant applies for legal aid services due to financial difficulties, he shall truthfully explain the financial difficulties. The proof of economic difficulties can be issued by the village (community) where the retired soldiers are registered, or verified by the competent departments of legal aid workstations for retired soldiers at all levels according to law, and the applicant makes a personal commitment to integrity.
Eleventh meet one of the following circumstances, retired military personnel to apply for legal aid services, not limited by economic difficulties:
(1) Close relatives of heroic martyrs safeguard the personal rights and interests of heroic martyrs;
(2) Claiming relevant civil rights and interests due to courageous acts;
(three) retrial and acquittal request state compensation;
(4) Victims of abuse, abandonment or domestic violence claim relevant rights and interests;
(5) Other circumstances stipulated by laws and regulations.
Chapter IV Application and Examination of Legal Aid Services
Article 12 Persons who meet the conditions stipulated in Article 9 of these Detailed Rules shall, in principle, apply to the legal aid and rescue workstation of the same level for veterans where the judicial department handling the case is located, or directly apply to the legal aid and rescue workstation of the Department of Veterans Affairs of Shanxi Province.
Thirteenth applications for legal aid services shall submit the following materials:
(1) An application for legal aid services;
(2) ID card, job change certificate, retirement certificate and other valid documents that can prove personal identity;
(3) Other evidential materials related to this case.
Fourteenth legal aid workstation after receiving the application for legal aid services, it shall timely review and deal with it according to the following circumstances:
(a) the application materials are complete, the litigation request is legal, the facts are clear and the evidence is sufficient, and the decision to provide legal aid services is made within seven working days; Involving difficult issues that need to be investigated and verified, make a decision on whether to provide legal aid and rescue services within ten working days;
(two) to make a decision on legal aid services, it shall appoint a lawyer within three working days from the date of making the decision;
(3) If the application materials are incomplete, the applicant shall be informed to supplement or explain at one time, and the time for the applicant to supplement the materials shall not be included in the review time limit. If the applicant fails to supplement the materials as required, it shall be deemed to have withdrawn the application;
(four) do not meet the conditions of legal aid services, inform the applicant within five working days and explain the reasons.
Article 15 If an applicant refuses to accept legal aid services provided by legal aid service personnel without justifiable reasons, or there are no new facts and evidence after the legal aid service case is closed, he may apply for legal aid services again for the same matter, and the legal aid workstation may reject the application after examination.
After withdrawing the application, the applicant shall not apply for legal aid services for the same matter again, unless new facts and evidence are found or it can be proved that the withdrawal of the application is against the applicant's true will.
Sixteenth legal aid workstation staff in accepting and reviewing the application for legal aid services, one of the following circumstances, should be avoided:
(1) Being a party to the application or a close relative of the party concerned;
(2) Having an interest in the application;
(3) One of the parties applying for legal aid services is the veterans affairs departments at all levels;
(4) Other circumstances that should be avoided according to laws and regulations.
Seventeenth legal aid workstation after receiving the application for legal aid services, found that one of the following circumstances, can decide to provide legal aid services:
(a) less than seven days before the statutory limitation or the expiration of the time limit, and it is necessary to bring a lawsuit or apply for arbitration or administrative reconsideration in time;
(2) It is necessary to immediately apply for property preservation, evidence preservation or prior execution;
(3) Other circumstances stipulated by laws and regulations.
The applicant shall submit the required application materials within three working days from the date when the legal aid workstation makes a decision to provide legal aid services. The legal aid workstation shall be terminated if it is considered that it does not meet the conditions of legal aid services after examination.
Eighteenth in any of the following circumstances, the legal aid service provided to the recipient shall be terminated:
(a) the recipient obtained legal aid services by deception or other improper means;
(2) The recipient intentionally conceals important facts related to the case or provides false evidence;
(three) the recipient uses legal aid services to engage in illegal activities;
(four) the economic situation of the recipient has changed, and it no longer meets the conditions of legal aid services;
(five) the trial of the case has been terminated or revoked;
(6) The donee entrusts a lawyer or other agent by himself;
(seven) the recipient has justified reasons to terminate the legal aid service;
(eight) other circumstances stipulated by laws and regulations.
The staff of legal aid service institutions shall report to the legal aid workstation of retired soldiers at the corresponding level in a timely manner if they find any of the circumstances specified in the preceding paragraph.
Chapter V Rights and Obligations
Article 19 The donee shall enjoy the following rights:
(a) to understand the situation of providing legal aid services for them;
(two) require the legal aid workstation and its staff to keep their personal information confidential;
(3) Other rights stipulated by laws and regulations.
Article 20 The donee shall perform the following obligations:
(a) truthfully state the facts of the case and provide relevant evidence or materials;
(two) to assist and cooperate with legal aid personnel to investigate and collect evidence;
(three) when the economic situation or case changes, timely inform the legal aid personnel.
Article 21 Legal aid workers shall enjoy the following rights:
(a) require the recipient to provide evidence or materials related to legal aid service cases;
(2) Other rights stipulated by laws and regulations.
Twenty-second legal aid personnel shall perform the following obligations:
(a) to safeguard the legitimate rights and interests of the recipient in accordance with the law, to keep state secrets and commercial secrets, and not to disclose the personal privacy of the recipient;
(two) to accept the guidance and supervision of the competent department of the legal aid workstation for retired military personnel, and to inform the competent department and the recipient of the progress of the matter in a timely manner;
(three) shall not refuse, delay or terminate the handling of legal aid service cases without justifiable reasons;
(four) shall not entrust others to handle legal aid service cases;
(five) shall not use legal aid service cases to seek illegitimate interests;
(six) other obligations stipulated by laws and regulations.
Chapter VI Closing and Filing
Twenty-third legal aid lawyers shall, within 30 days after the conclusion of legal aid service cases, submit the following materials to the legal aid workstation of retired soldiers, and accept the review of the legal aid workstation:
(1) Power of attorney for legal aid and power of attorney for law firm;
(2) Entrustment procedures;
(three) a copy of the complaint, appeal, complaint or application for administrative reconsideration (appeal), application for state compensation and other legal documents;
(4) The transcripts of interviews with clients, parties and witnesses and other relevant investigation materials;
(5) legal documents such as defense or proxy words;
(6) Copies of legal documents such as judgments (rulings), arbitration awards, conciliation statements or administrative handling (reconsideration) decisions;
(7) Final report;
(eight) other materials related to the case.
Twenty-fourth retired military legal aid workstation shall review the files submitted by legal aid lawyers. In line with the conditions, it shall, within 30 days after the case is closed, pay the case-handling subsidy to the legal aid service lawyer in accordance with the relevant standards.
Twenty-fifth veterans affairs departments at all levels should take the form of reviewing the closing materials, giving feedback and evaluating the quality of handling cases. To urge the legal aid workstation to carry out legal aid work dutifully to ensure the quality of legal aid services.
Chapter VII Funding Guarantee
Twenty-sixth Shanxi Province Department of Veterans Affairs in the form of government purchase services, from the annual work funds or special funds for veterans' assistance, according to the following standards:
If it is handled within the scope of Taiyuan City, the subsidy will be 5000-6000 yuan each time;
For cross-city handling in this province, each subsidy is 7500 -8500 yuan;
If it is handled across provinces, it shall be handled as appropriate with reference to the above standards, and the maximum subsidy per piece shall not exceed 10000 yuan (including 10000 yuan).
Prepare legal documents, apply after being handled by the lawyer on duty, and give subsidies according to the standard of 100 yuan -300 yuan after being approved by the leaders in charge of ministries and agencies.
Twenty-seventh municipal funds guarantee measures, according to the provincial offices and local law firms to determine their own fees.
Chapter VIII Supervision and Guarantee
Twenty-eighth veterans affairs departments at all levels and veterans service centers (stations) shall set up legal aid workstations (contact points) in accordance with the provisions, and be responsible for providing legal aid services for veterans.
Twenty-ninth legal aid workstation and its staff in the legal aid work in any of the following circumstances, by the higher authorities in accordance with the law, the directly responsible person in charge and other directly responsible personnel shall be punished:
(a) to provide legal aid to those who do not meet the conditions of legal aid services, or to refuse to provide legal aid services to those who meet the conditions of legal aid services;
(two) should be avoided but not avoided;
(three) fabricating false cases to defraud legal aid and handling subsidies;
(four) to collect property or seek other illegitimate interests;
(five) occupation, dividing, interception and misappropriation of legal aid funds.
Chapter IX Rules
Thirtieth the working rules shall come into force as of May 5, 2022, with a validity period of 2 years.
Article 31 Matters not covered in these Rules shall be implemented by referring to relevant laws and regulations.