The legal service institutions mentioned in these Regulations include law firms, notary offices, legal service offices and other social legal consulting service institutions approved by the judicial administrative department. Article 3 These Regulations shall apply to the legal aid work in Hangzhou. Article 4 The municipal judicial administrative organ shall be in charge of the legal aid work in this area.
City legal aid management institutions to carry out legal aid management under the leadership of the municipal judicial administrative organs. Article 5 The Municipal People's Government shall include the necessary funds required for legal aid work in the financial budget, which shall be managed by the legal aid management institution, and be earmarked for special purposes, and shall be subject to inspection and supervision by the financial and auditing departments.
Legal aid management institutions can raise funds through legal channels such as accepting donations from social organizations and individuals, and use them exclusively for legal aid work. Article 6 Legal aid management institutions shall provide legal aid in accordance with laws, regulations and these Regulations, and shall not be interfered by any institution, social organization or individual. Seventh legal service institutions and legal service personnel shall accept the assignment of legal aid management institutions, undertake legal aid obligations, and waive or reduce service fees. When implementing legal aid, legal service personnel should take facts as the basis, take the law as the criterion, observe professional ethics and work discipline, and dutifully provide legal services to the recipients. Eighth judicial organs and other relevant departments and units shall actively cooperate with the legal aid management institutions to do a good job in legal aid. Chapter II Legal Aid Management Institutions Article 9 The legal aid management institutions shall, according to their functions and duties, guide, coordinate, manage and organize the implementation of legal aid matters in their respective regions. Tenth legal aid management agencies are mainly responsible for:
(a) the implementation of laws and regulations on legal aid;
(two) to guide, coordinate and organize the implementation of legal aid work in the region;
(three) responsible for the publicity and exchange of legal aid work;
(four) responsible for the management and use of legal aid funds;
(5) Being responsible for accepting, examining and approving applications for legal aid;
(six) responsible for organizing and assigning legal service institutions and legal service personnel to handle legal aid affairs;
(seven) responsible for the management of legal aid files and materials;
(eight) responsible for undertaking other relevant legal aid management matters entrusted by the government. Eleventh social organizations, relevant organizations and law schools to carry out legal aid activities, should accept the guidance and supervision of the local legal aid management institutions. Chapter III Objects, Scope and Ways of Legal Aid Article 12 Citizens with permanent residence or temporary residence permits in the urban areas of this Municipality who need legal services to safeguard their legitimate rights and interests but are unable to pay the legal service fees due to financial difficulties may apply for legal aid.
The standard of economic difficulties shall be implemented with reference to the minimum living security line stipulated by the local government. Thirteenth citizens can apply for legal aid on the following matters:
(1) Criminal cases;
(2) Requesting to pay alimony, alimony and child care;
(3) requesting payment of pensions, relief funds, social insurance premiums and labor remuneration;
(four) the claim for compensation for work-related injuries (except for accidents);
(five) blind, deaf, dumb or minors, the elderly claim tort compensation;
(6) Requesting state compensation;
(seven) to handle the notarization matters in items (two) and (three);
(eight) other matters requiring legal aid. Article 14 The people's court shall provide legal aid to a party to a criminal case under any of the following circumstances:
(a) the public prosecutor appeared in court for public prosecution, and the defendant did not entrust a defender due to financial difficulties;
(2) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender;
(3) The defendant may be sentenced to death and has not entrusted a defender;
(4) Other circumstances in which the people's court designates the defense according to the provisions. Fifteenth parties applying for legal aid, in any of the following circumstances, can get legal aid first:
(1) The applicant is blind, deaf or dumb, or a minor, an elderly person or a woman;
(2) Requesting to pay alimony, child care, alimony, labor remuneration, relief fund, pension and social insurance. Sixteenth legal aid mainly takes the following forms:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal agency;
(3) Acting as an agent in civil and administrative litigation;
(4) Non-litigation legal affairs agency;
(5) notarized certificate;
(6) Other forms of legal services. Chapter IV Legal Aid Procedures Article 17 When applying for legal aid, a citizen shall submit a written application to the municipal legal aid management institution and submit the following materials:
(a) my identity card or household registration certificate, temporary residence permit, on behalf of the applicant shall submit the agency qualification certificate;
(two) a certificate issued by the township (town) people's government, street offices or relevant departments about the economic situation of the applicant and his family members;
(3) The basic information about the application for legal aid and relevant evidential materials;
(four) other materials that the legal aid management institution deems necessary.