Legal aid refers to a legal guarantee system that legal aid agencies established by the government or lawyers of non-governmental organizations provide legal services for people with financial difficulties or special cases, especially in rural areas. A special case refers to a case in which the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender in accordance with the provisions of the second and third paragraphs of Article 35 of the Criminal Procedure Law of People's Republic of China (PRC). People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend them. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Legal aid plays an extremely important role in protecting citizens' legitimate rights and interests, developing social welfare undertakings, realizing the principle of "all citizens are equal before the law", perfecting the social security system, perfecting the socialist legal system and safeguarding human rights. Its strategic significance is mainly reflected in the following points:
First of all, legal aid is a concrete manifestation of the implementation of Theory of Three Represents.
Second, legal aid is a powerful guarantee to realize the rule of law.
Third, legal aid helps to consolidate the party's ruling foundation and position.
Fourth, legal aid is conducive to building a harmonious socialist society.
Fifth, legal aid is an inherent requirement to realize social fairness and justice.
Legal consultation is free 24 hours online. You can call 12348. Relevant legal basis can be found in the Civil Code. 12348 is a special telephone for legal consultation of municipal, district and county judicial bureaus and legal aid centers for the general public. Accept legal advice from the masses, cooperate with the mediation of civil disputes, timely reflect the information of legal needs of the masses, guide and accept legal aid applications, and safeguard the legitimate rights and interests of poor and vulnerable parties, judicial justice and social stability.
legal ground
Legal aid regulations
Article 1 These Regulations are formulated in order to ensure that citizens with financial difficulties obtain necessary legal services and promote and standardize legal aid work.
Article 2 Citizens who meet the requirements of these Regulations may obtain legal services such as legal consultation, agency and criminal defense free of charge in accordance with these Regulations.
Article 6 Lawyers shall perform their legal aid obligations in accordance with the Lawyers Law and these Regulations, provide legal services that meet the standards for recipients, safeguard the legitimate rights and interests of recipients in accordance with the law, and accept the supervision of lawyers associations and judicial administrative departments.
Article 7 The State encourages the society to donate legal aid activities.
Article 8 The State supports and encourages social organizations such as social organizations and institutions to provide legal aid to citizens in financial difficulties by using their own resources.
Ninth organizations and individuals who have made outstanding contributions in legal aid work shall be commended and rewarded by the relevant people's governments and judicial administrative departments.
People's Republic of China (PRC) Civil Code
Article 10 Civil disputes shall be handled according to law; Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs.
Criminal Procedure Law of People's Republic of China (PRC) (amended on 20 18).
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.