chapter I general provisions article 1 in order to implement the constitutional principle that all citizens are equal before the law, ensure that citizens enjoy equal and fair legal protection, improve the social security system, improve the human rights protection mechanism, and standardize legal aid behavior, these regulations are formulated in accordance with the provisions of relevant laws and regulations and in light of the actual situation of this municipality. Article 2 These Regulations shall apply to the legal aid work within the administrative area of this Municipality. Article 3 The term "legal aid" as mentioned in these Regulations refers to the act that a legal aid institution established by the government organizes legal aid providers to provide legal assistance to recipients according to law, and reduces or waives service fees.
the legal aid providers mentioned in these regulations refer to lawyers, notaries and grassroots legal service workers (hereinafter referred to as legal aid providers) and their legal service institutions (hereinafter referred to as legal aid service institutions).
the term "recipient" as mentioned in these regulations refers to the parties in financial difficulties or special cases who have obtained legal help according to law. Article 4 The judicial administrative departments of cities, counties (cities) and districts shall be in charge of legal aid work in their respective administrative areas.
city, county (city) and district legal aid institutions are responsible for organizing, guiding, managing, supervising and coordinating the daily work of legal aid in their respective administrative areas. Article 5 Judicial organs, administrative organs, relevant units and individuals shall support and cooperate with the work of legal aid institutions and legal aid providers. Article 6 Advocate and encourage legal aid providers to voluntarily provide free legal assistance to the parties in financial difficulties or special cases while fulfilling their legal aid obligations. Article 7 The municipal, county (city) and district people's governments shall include the funds for legal aid in the financial budget, and gradually increase them with the development of the national economy, so as to ensure the coordinated development of legal aid and economy and society.
legal aid institutions can accept social donations.
legal aid funds and social donation funds are managed and used by legal aid institutions in a unified way, and are earmarked for special purposes, and are subject to the supervision of financial and auditing departments. Chapter II Objects and Forms Article 8 If legal aid is needed in the following criminal cases designated by the people's court, the defendant shall be given legal aid:
(1) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender;
(2) The defendant may be sentenced to death without entrusting a defender;
(3) the defendant of foreign nationality has not entrusted a defender;
(4) In the case of the same crime, other defendants have entrusted defenders, but this defendant has not;
(5) The defendant has no financial resources, and his family's financial situation cannot be ascertained or his family members are unwilling to bear the defense expenses, and the defendant has not entrusted a defender;
(6) cases with significant social impact, and the defendant has not entrusted a defender;
(7) The people's court considers that there are problems with the prosecution opinions and the evidence materials of the transferred case, which may affect the correct conviction and sentencing of the people's court, but the defendant has not entrusted a defender. Article 9 If a criminal suspect needs to hire a lawyer in a criminal case filed for investigation by a people's procuratorate or a public security organ, but he is unable to do so due to financial difficulties, he shall be informed that he can apply for legal aid from a local legal aid institution. If state secrets are involved, it shall also be approved by the investigation organ that filed the case. Article 11 The parties to the following civil and administrative legal matters who have registered permanent residence or temporary residence permits in this Municipality and are unable or completely unable to pay the legal service fees due to financial difficulties may apply for legal aid:
(1) Request to pay alimony, child care, maintenance and labor remuneration;
(2) claim compensation for work-related injuries except accidents;
(3) The disabled, minors and the elderly can claim tort compensation;
(4) requesting the payment of pensions and relief funds;
(5) Litigation cases requesting state compensation;
(6) handling notarization related to pensions, relief funds, labor insurance and labor compensation;
(7) handling notarization related to maintenance, upbringing and maintenance;
(8) other legal aid matters stipulated by laws and regulations.
the standard of economic difficulties shall be implemented with reference to the minimum living standard for urban and rural residents stipulated by the local people's government. Article 11 Legal aid mainly takes the following forms:
(1) Legal consultation and drafting legal documents;
(2) criminal defense and criminal agency;
(3) civil and administrative litigation agents;
(4) non-litigation legal affairs agency;
(5) notarized certificate;
(6) other forms stipulated by laws and regulations. Chapter III Procedures Article 12 Legal aid matters in litigation cases shall be accepted by the legal aid institution at the same level where the people's court accepting the case is located.
legal aid for arbitration cases shall be accepted by the legal aid institution at the same level where the arbitration institution accepting the case is located.
legal aid matters of people's procuratorates and public security organs in investigating cases shall be accepted by the legal aid institutions at the same level where the people's procuratorates and public security organs are located.
other non-litigation legal aid matters shall be accepted by the county (city) or district legal aid institution where the applicant's domicile or work unit is located. Thirteenth the same legal aid matters shall be accepted by the same legal aid institution.
Legal aid matters that two or more legal aid agencies have the right to accept shall be accepted by the legal aid agency that initially received the application for legal aid. Fourteenth county (city), the district legal aid agencies to accept disputes between legal aid matters, designated by the municipal legal aid agencies to accept.
municipal legal aid institutions can directly accept legal aid matters accepted by county (city) and district legal aid institutions.