The term "legal aid institutions" as mentioned in these Regulations refers to the specialized institutions established by the people's governments of cities and districts (cities) and counties to undertake legal aid work; Legal aid personnel refer to lawyers, staff of legal aid institutions and other legal service personnel assigned or arranged by legal aid institutions to handle legal aid matters. Article 3 Legal aid is the responsibility of the government, and the municipal, district (city) and county people's governments shall incorporate legal aid into the economic and social development plan and social security system, and incorporate legal aid funds into the fiscal budget at the same level to ensure the coordinated development of legal aid and economy and society.
The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments according to law. Article 4 The judicial administrative departments of the cities and districts (cities) and counties shall be responsible for the supervision and management of legal aid work within their respective administrative areas.
According to the articles of association of the Lawyers Association, the Municipal Lawyers Association shall assist in the legal aid work implemented in accordance with these regulations. Article 5 The municipal, district (city) and county people's governments shall set up legal aid institutions. Sub-district offices or Township People's governments shall establish legal aid workstations relying on judicial offices.
Conditional residents' committees and villagers' committees may set up contact points for legal aid work. Article 6 Legal aid institutions shall be responsible for accepting and examining applications for legal aid, assigning or arranging personnel to handle legal aid matters, and inspecting and guiding the handling of legal aid matters. Article 7 Law firms and other legal service institutions and their legal service personnel shall accept the assignment of legal aid institutions in accordance with the provisions of laws and regulations, perform their legal aid obligations and provide legal services to the recipients.
Teachers, students and other citizens with legal professional knowledge or expertise in institutions of higher learning can register in legal aid institutions and participate in legal aid work as legal aid volunteers.
Legal aid personnel shall provide legal aid according to their professional qualifications. Article 8 Judicial organs, relevant government departments and notarization and arbitration institutions shall, within the scope of their respective duties, support and cooperate with legal aid institutions to do relevant work.
Encourage and support social organizations, enterprises and institutions, other organizations and citizens to use their own resources to participate in legal aid activities. Encourage the society to donate legal aid activities. Article 9 The municipal, district (city) and county people's governments and judicial administrative departments shall commend and reward organizations and individuals that have made outstanding contributions in legal aid work. Chapter II Scope of Legal Aid Article 10 Citizens who do not have an agent may apply for legal aid for the following matters that need to be represented due to economic difficulties:
(1) Requesting state compensation according to law;
(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) requesting payment of labor remuneration or economic compensation or compensation;
(six) claims for compensation for personal injury caused by traffic accidents, work-related injuries, medical care, food and drug safety, product quality, environmental pollution and other personal injury accidents;
(seven) due to domestic violence, abuse, abandonment, the legitimate rights and interests have been violated, claiming rights;
(eight) the disabled (including disabled veterans), the elderly and minors request compensation for personal injury;
(nine) other matters stipulated by laws and regulations or closely related to the basic life of citizens, and legal aid institutions think it is really necessary to provide legal aid. Article 11 In criminal proceedings, citizens 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;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties;
(4) There is evidence to prove that the criminal suspect or defendant is mentally disabled of Grade I or II, other criminal suspects or defendants in criminal cases have entrusted defenders, and the people's procuratorate protests, and the case has significant social impact, but the criminal suspect or defendant has not entrusted defenders. Article 12 the criteria for citizens to apply for legal aid and financial difficulties shall be determined according to the fact that the per capita income of the applicant's family members is less than twice the minimum living standard of local residents. Article 13 If a citizen brings a lawsuit for the act of doing a righteous deed, he may apply for legal aid, which is not limited by the standard of economic hardship stipulated in these Regulations.
The determination of courageous people shall be carried out in accordance with the relevant provisions of the state, province and this Municipality.