China is a country ruled by law and follows the principle of equality before the law. In order to protect the rights of people who are in a very weak position in other aspects, so that these people have laws to follow and reasons to apply, a legal aid system has been established. However, many people will ask, can we afford legal aid for such a high lawyer's fee? Now, Bian Xiao will give a question and answer about who will pay for legal aid.
I. Legal aid
Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases.
Two. Legal aid lawyers ordinance
Article 26 of the State Council's Regulations on Legal Aid: In any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law:
(a) to provide legal aid to those who do not meet the conditions of legal aid, or to refuse to provide legal aid to those who meet the conditions of legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(four) embezzlement and misappropriation of legal aid funds.
The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Twenty-eighth lawyers in any of the following circumstances, given a warning by the judicial administrative department, ordered to make corrections; If the circumstances are serious, a penalty of stopping practicing 1 month or more and 3 months or less shall be imposed:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Twenty-ninth lawyers who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Lawyers Law.
Three, legal aid fees paid by the state finance.
1. The fees paid to lawyers in legal aid cases are usually several hundred yuan as a case subsidy, and the fees charged to lawyers in peacetime are of course different. This cost is not borne by the parties concerned, but paid by the state finance.
2. Theoretically, all lawyers with practice licenses can be assigned to provide legal aid without additional qualification requirements. Every lawyer is obliged to handle a legal aid case every year, and if there are too many, he can refuse. Of course, the parties have no right to choose. But not every lawyer will be arranged to handle legal aid cases, depending on how the legal aid center arranges it.
3. Legal aid lawyer is a lawyer's position, and its biggest feature is free. No matter whether it is an aid lawyer in a broad sense or an aid lawyer in a narrow sense, as long as they are engaged in legal aid services, they cannot charge lawyer fees.
I believe everyone knows who pays for legal aid lawyers! In addition, some supplementary regulations on legal aid lawyers in Bian Xiao are also helpful. That is to say, if someone needs legal aid, the lawyer refuses to provide assistance or paid assistance, or infringes on the rights and interests of the parties, everyone can complain and report. Here, Bian Xiao added that the legal aid attorney fee does not need to be paid by the client, but the legal fee still needs to be paid by the client. As for the specific amount, it depends on how the court decides. Thanks for watching, this article is for reference only!