The term "legal aid personnel" as mentioned in these Regulations refers to lawyers and other legal service practitioners and legal aid volunteers assigned or arranged by legal aid institutions to undertake legal aid matters. Article 3 Legal aid is the responsibility of the government. Local 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. Article 4 The judicial administrative departments of local people's governments at or above the county level shall supervise and administer the legal aid work within their respective administrative areas. Fifth provinces, districts, cities and counties (cities, districts) people's governments shall determine the legal aid institutions.
Legal aid institutions are responsible for accepting and reviewing legal aid applications, assigning or arranging legal aid personnel to handle legal aid matters, and being responsible for the use and management of legal aid funds. Article 6 Support and encourage trade unions, the Communist Youth League, women's federations, disabled persons' federations and institutions of higher learning to participate in legal aid activities, and set up legal aid organizations with their own resources to provide legal aid to citizens in financial difficulties.
Support and encourage other social organizations to participate in legal aid activities.
Support and encourage lawyers and other legal professionals to voluntarily provide free legal services to citizens with financial difficulties. Article 7 Law firms and other legal service institutions and their legal service practitioners shall perform their legal aid obligations in accordance with the provisions of laws and regulations.
Persons with legal professional knowledge and expertise can register as legal aid volunteers and participate in legal aid activities. Article 8 State organs, enterprises and institutions, social organizations, other organizations and individuals shall support and cooperate with legal aid institutions and legal aid personnel in carrying out legal aid work. Ninth organizations and individuals that have made remarkable achievements in legal aid work shall be commended and rewarded by the local people's governments at or above the county level or the judicial administrative departments. Chapter II Scope of Legal Aid Article 10 If a citizen fails to entrust an agent to handle the following matters that need to be represented due to financial difficulties, he may apply for legal aid from a legal aid institution:
(1) Requesting state compensation;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Demanding payment of labor remuneration or economic compensation or compensation due to labor relations;
(6) claiming compensation for serious physical damage;
(seven) due to domestic violence, abuse or abandonment, it is required to change or terminate the adoption and guardianship relationship;
(eight) because of domestic violence, abuse, abandonment, bigamy or cohabitation with others, the injured party requests a divorce;
(nine) other matters stipulated by the state and the province. Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after the first interrogation by the investigation organ or after 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, the defendant and their legal representatives in a private prosecution case have not entrusted an agent ad litem due to financial difficulties. Twelfth in any of the following circumstances, legal aid institutions shall provide legal aid for them free of charge:
(a) the defendant is blind, deaf, dumb or a minor, and the people's court has appointed a defender for him;
(two) the defendant may be sentenced to death, and the people's court has appointed a defender for him;
(3) Claiming civil rights and interests arising from acts of being courageous or protecting public interests.
In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant. Article 13 The standards of citizens' financial difficulties as mentioned in these Regulations shall be implemented in accordance with the minimum living standard stipulated by the local people's government.
In order to expand the scope of recipients, the municipal people's government with districts can adjust the standards of economic difficulties for citizens to obtain legal aid according to the actual situation in the region.
Where the standard of financial hardship of the applicant's domicile is inconsistent with that of the legal aid institution that accepts the application, the standard of financial hardship of the legal aid institution that accepts the application shall prevail.
If the applicant encounters financial difficulties due to unexpected events, the legal aid institution shall examine and determine according to the applicant's family economic situation. Fourteenth in any of the following circumstances, the legal aid institution shall determine that the applicant is unable to bear the legal service fees due to financial difficulties:
(a) rural "five guarantees" object;
(2) Personnel of social welfare institutions supported by the government;
(three) severely disabled people without a fixed source of livelihood;
(four) people who are enjoying the minimum living allowance;
(five) employees who receive the special hardship certificate issued by the city and county (city) Federation of Trade Unions with districts;
(6) people living on pensions;
(seven) other personnel as prescribed by laws and regulations.