Decision of the Standing Committee of Zhejiang Provincial People's Congress on Amending the Regulations of Zhejiang Province on Legal Aid (2005)

Article 1 is amended as: "In order to guarantee the equal legal protection of citizens and standardize the legal aid work, these Regulations are formulated in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and the Legal Aid Regulations of the State Council, combined with the actual situation of this province. "2. Article 2 is amended as:" The term "legal aid" as mentioned in these Regulations refers to the legal service institutions and legal aid personnel that provide free legal services to the parties in financial difficulties or special cases organized by the legal aid institutions established by the judicial administrative departments of the people's governments at or above the county level.

"The term" legal service institutions "as mentioned in these Regulations refers to law firms, notary offices and grassroots legal service offices; Legal aid workers refer to lawyers, notaries, grassroots legal service workers and staff of legal aid institutions who provide legal aid in accordance with laws, regulations and the provisions of this Ordinance; The recipient refers to the party who has obtained legal aid. " 3. One paragraph is added to Article 3 as the first paragraph: "Legal aid is the responsibility of the government, and the people's governments at or above the county level shall take active measures to promote legal aid work and ensure the coordinated development of legal aid and economy and society." 4. Article 4 is amended as: "The funds for legal aid shall be included in the financial budget of the people's government at the same level for special purposes, and shall be subject to the supervision of the financial and auditing departments.

"Encourage society to donate to legal aid ..." is added as Article 7: "Units and individuals that have made remarkable achievements in legal aid work shall be commended and rewarded by the people's governments at or above the county level or the judicial administrative departments." 6. Article 7 is renumbered as Article 8 and amended as: "If a party needs legal services to safeguard his lawful rights and interests and is unable to pay for legal services due to financial difficulties, he may apply to a legal aid institution for legal aid.

"The standard of economic hardship is determined by the people's government at or above the county level according to 1.5 times of the local minimum living standard for urban and rural residents." 7. Article 8 is renumbered as Article 9 and amended as: "You may apply for legal aid for the following matters:

"(a) to request state compensation according to law;

"(2) requesting social insurance benefits or minimum living security benefits;

"(3) requesting pensions and relief funds;

"(4) requesting the payment of alimony, alimony and alimony;

"(5) requesting payment of labor remuneration;

"(6) Requesting compensation for medical accidents, traffic accidents and industrial accidents;

"(7) claiming the civil rights and interests arising from the courageous acts;

"(8) Other matters requiring legal aid." One article is added as Article 10: "A party to a criminal case may apply for legal aid under any of the following circumstances:

"(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;

"(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;

"(3) The private prosecutor and his legal representative of a case of private prosecution have not appointed an agent ad litem due to financial difficulties since the date of acceptance by the people's court." Nine, delete tenth. X article 11 is changed to article 12, and one item is added as item 7: "notarial certificate".

Paragraph 2 of Article 11 is deleted. 1 1. Article 12 is changed to Article 13, and the third paragraph is amended as: "The application for legal aid matters other than those specified in the preceding two paragraphs shall be accepted by the legal aid institution where the applicant lives or works."

One paragraph is added as the fifth paragraph: "Where there are other provisions in Chapter III of the the State Council Legal Aid Regulations, such provisions shall prevail." 12. Article 16 is changed to Article 17, and one paragraph is added as the second paragraph: "If the documents and supporting materials submitted by the applicant are incomplete, the legal aid institution may require the applicant to make necessary supplements or explanations; If the applicant fails to supplement or explain as required, it shall be deemed to have withdrawn the application. It is indeed difficult for the applicant to provide relevant certification materials. If a legal aid institution considers it necessary to provide legal aid according to the relevant circumstances, it may decide to provide legal aid to it. " 13. One article is added as Article 23: "If legal aid workers need to read and inquire about relevant materials when handling legal aid cases, the relevant authorities shall, on the basis of relevant certificates issued by legal aid institutions, waive the relevant fees; If it is necessary to copy the relevant materials, the fees charged by the relevant authorities shall not be higher than the cost of raw materials required for copying after the legal aid institutions issue relevant certificates.

"Labor arbitration institutions shall postpone, reduce or waive arbitration fees for legal aid cases.

"The appraisal institution shall receive the appraisal fees for legal aid cases in advance. After the case is concluded, the parties concerned shall bear the appraisal fees according to the ruling of the people's court or the labor arbitration institution. If it is really difficult for the recipient to pay the appraisal fee, the legal aid institution shall give appropriate subsidies.

"The people's court shall first make a decision on deferring the case acceptance fee and other legal fees for the recipient of a legal aid case, and then decide on the reduction or exemption of the legal fees for the recipient according to the relevant regulations and the specific circumstances of the case after the case is concluded." 14. Article 23 is renumbered as Article 25, which is amended as: "After legal aid is provided by the personnel of legal service institutions, the legal aid institutions shall pay the case handling subsidies to them according to the regulations, and the case handling subsidies shall be included in the legal aid funds. The specific measures shall be formulated by the financial department of the provincial people's government in conjunction with the judicial administrative department. "