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. Legal aid is a social welfare undertaking to help the poor and protect the legitimate rights and interests of the vulnerable groups in society, and it is also an important measure for China to implement the general plan of governing the country according to law and build a well-off society in an all-round way. Legal aid has the following characteristics:
1. Legal aid is the responsibility of the state and the behavior of the government. It is organized and implemented by the legal aid institutions established by the government, which embodies the obligations of the state and the government to citizens.
2. Legal aid is a legal and institutionalized behavior and an important part of the national social security system.
3 recipients are persons with financial difficulties, the disabled, the weak or special objects designated by the people's court.
4. The legal aid institution shall reduce or exempt the legal service fee for the recipient, and the court shall reduce or exempt the case acceptance fee and other litigation fees for the recipient.
5. The forms of legal aid include both litigation legal services and non-litigation legal services. It mainly takes four forms: criminal defense and criminal agency, civil and administrative litigation agency, non-litigation legal affairs agency and notarization certificate.
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Regulations of Shenzhen Municipality on Legal Aid
Article 39 In a case where a legal aid institution decides to provide legal aid, the people's court or arbitration institution shall, upon the application of the recipient, make a decision to postpone, reduce or exempt the payment of legal fees and arbitration fees. Thirty-second legal aid personnel found one of the following circumstances, it shall promptly report to the legal aid institutions:
(a) the recipient obtained legal aid by deception;
(two) the recipient conceals important facts related to the case;
(three) the recipient refuses to provide legal aid to legal aid personnel without justifiable reasons;
(four) the recipient's economic income changes, and may no longer meet the conditions of legal aid;
(5) The donee entrusts another agent or defender;
(six) the recipient lost contact, resulting in the inability to continue to provide legal aid;
(seven) to receive legal aid in accordance with the provisions of article fifteenth of these regulations, and the recipient does not meet the statutory conditions for assistance;
(eight) other circumstances that affect the handling of legal aid.
Under the circumstances specified in the preceding paragraph, or the recipient's request to replace the legal aid personnel is not approved, and the replacement is still insisted without justifiable reasons and facts, the legal aid institution may decide to terminate the provision of legal aid, and notify the recipient, the legal aid personnel and the case-handling organ in writing. However, unless otherwise stipulated by laws and regulations.