The parties who have obtained legal aid in accordance with the provisions of these Measures shall be the recipients. Article 3 These Measures shall apply to the legal aid work within the administrative area of this Municipality.
Legal service institutions and their legal service personnel within the administrative area of this Municipality have the obligation to provide legal aid to the recipients in accordance with the provisions of these Measures. Article 4 The municipal judicial administrative department is the administrative department in charge of legal aid work in this Municipality.
The judicial administrative departments of counties and districts shall be responsible for the legal aid work within their respective administrative areas.
Under the leadership of the judicial administrative department at the same level, the legal aid management institution shall be specifically responsible for organizing and implementing the legal aid work within its administrative area. Article 5 All administrative organs, enterprises and institutions, social organizations, mass organizations and individual citizens within the administrative area of this Municipality shall support and cooperate with the legal aid work, and shall not interfere with or obstruct the legal aid management institutions, legal service institutions and their legal service personnel in carrying out the legal aid work; Legal service institutions and their legal service personnel shall provide convenience for inquiry, investigation and evidence collection when undertaking legal aid matters, and shall not charge any fees.
Legal aid management institutions, legal service institutions and their legal service personnel shall not conduct information inquiry, investigation and evidence collection on non-legal aid matters in the name of legal aid. Article 6 The funds needed for legal aid can be raised through the following channels:
(a) to apply for financial allocation at the same level;
(2) social donations;
(3) Other legal sources.
The funds for legal aid shall be managed by the legal aid management institutions in a unified way, and shall be subject to the supervision of the financial and judicial administrative departments at the same level.
Legal aid funds can only be used for legal aid work and shall not be used for other purposes. Seventh judicial administrative departments should strengthen the leadership of legal aid work, conduct regular inspections and supervision, seriously accept complaints about legal aid work, and deal with them in a timely manner according to law.
Legal aid management institutions, legal service institutions and their legal service personnel shall strictly perform their statutory duties and obligations, abide by professional ethics and practice discipline, and provide legal services to the parties dutifully.
The allocation of legal aid matters by legal aid management institutions shall follow the principles of balancing the burden, facilitating the recipients and saving legal service fees.
Legal service institutions and their legal service personnel shall, in accordance with the provisions of these measures, undertake legal aid matters assigned by legal aid management institutions, and shall not refuse without justifiable reasons. Chapter II Objects of Assistance Article 8 A party applying for legal aid shall meet the following conditions:
(1) Having a permanent residence or a temporary residence permit in this Municipality;
(two) there is evidence that legal aid is needed to protect their legitimate rights and interests;
(three) due to economic difficulties, unable or unable to pay the legal service fee in full.
The standard of economic hardship is based on the minimum living guarantee line for residents announced by the Municipal People's Government. Ninth because of emergencies really need legal aid, the city traffic personnel, in line with the provisions of the first paragraph of Article 8 (2) and (3) of these measures, can apply for legal aid. Article 10 Social welfare organizations may apply for legal aid. Article 11 The defendant in the following criminal cases designated by the people's court to defend shall receive legal aid:
(a) blind, deaf, dumb or minors have not entrusted a defender;
(two) may be sentenced to death without entrusting a defender;
(3) The defendant in a public prosecution case fails to appoint a defender due to financial difficulties or other reasons, and the people's court deems it really necessary to defend him. Article 12 Defendants in other criminal cases who meet the relevant provisions of laws, regulations and rules and are appointed by the people's court to defend themselves shall receive legal aid. Chapter III Scope and Ways Article 13 The scope of legal aid is:
(1) Criminal cases;
(2) Requesting to pay alimony, child care and alimony;
(three) in addition to the applicant's responsibility, to claim compensation for the injury caused by work;
(four) the disabled, minors and the elderly to pursue tort compensation;
(5) Litigation cases requesting state compensation;
(six) request for pension and relief funds;
(seven) other legal matters that need assistance.
Notary assistance is limited to the matters listed in items (2), (3), (4) and (6) of the preceding paragraph of this article and the matters that the legal aid management institution thinks should be assisted. Article 14 Legal aid shall be provided in the following ways:
(1) legal advice;
(2) Drafting legal documents on his behalf;
(3) criminal defense and criminal agency;
(4) civil litigation agent;
(5) Administrative litigation agency;
(6) Non-litigation legal affairs agency;
(7) notarized certificate;
(eight) other forms of legal services.