Regulations of Liaoning Province on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation of this province in order to ensure that citizens with financial difficulties and parties to special cases obtain necessary legal services, promote and standardize legal aid work, and safeguard social fairness and justice. Article 2 These Regulations shall apply to legal aid and related activities within the administrative area of this province. Article 3 The people's governments of provinces, cities and counties (including county-level cities and districts, the same below) shall adhere to the principle of coordinating legal aid services with the level of economic development and adapting the coverage of social assistance, incorporate legal aid into the national economic and social development plan, and include legal aid funds in the fiscal budget at the corresponding level.

The people's governments of provinces, cities and counties can provide legal aid by purchasing services from the society.

Township people's governments and sub-district offices shall assist legal aid institutions to carry out legal aid work. Article 4 The judicial administrative departments of provinces, cities and counties shall be responsible for the supervision and administration of legal aid within their respective administrative areas.

The relevant administrative departments of development and reform, public security, civil affairs, finance, human resources and social security, and the people's procuratorates and people's courts shall, within their respective functions and duties, do a good job in relevant legal aid work according to law. Article 5 The judicial administrative departments of provinces, cities and counties shall promote the standardization of legal aid, improve the supervision system of legal aid, and establish a mechanism for coordination and information sharing of legal aid work with public security organs and other relevant departments, people's procuratorates, people's courts and lawyers associations.

Legal aid institutions should establish and improve the legal aid work system such as application acceptance review and case assignment, and improve the service quality.

Legal service institutions and legal aid personnel shall carry out legal aid activities according to law, abide by professional norms, obey the assignment of legal aid institutions, and provide legal services that meet the standards for recipients. Article 6 Encourage and support social forces to set up legal aid funds according to law and accept social donations. The use of legal aid funds shall be made public and subject to supervision.

Encourage trade unions, the Communist Youth League, women's federations, disabled persons' federations, universities, enterprises and institutions and other social organizations to participate in legal aid. Support qualified social workers and volunteers to carry out legal aid work.

Encourage radio, television, newspapers, Internet and other mass media to carry out public welfare publicity of legal aid. Chapter II Scope and Methods of Legal Aid Article 7 Where an agent is required to represent the following civil and administrative legal affairs, citizens may apply for legal aid:

(1) Requesting state compensation or administrative compensation according to law;

(2) Requesting social insurance benefits or minimum living security benefits;

(3) Requesting pensions and relief funds;

(4) Requesting to pay alimony, alimony and alimony;

(5) Requesting confirmation of labor relations, payment of labor remuneration or payment of economic compensation or compensation;

(six) the request for work-related injury treatment;

(seven) to claim the civil rights and interests arising from the courageous behavior;

(eight) personal injury or property loss caused by industrial accidents, production safety accidents, road traffic accidents, medical accidents, food and drug safety accidents, environmental pollution accidents, etc. And demand compensation;

(nine) the disabled, the elderly, minors and women claim compensation for personal injury;

(ten) due to land contract management, transfer and other legitimate rights and interests are infringed;

(eleven) due to domestic violence, abuse, abandonment and other serious violations of rights;

(twelve) advocate the right to enjoy compulsory education;

(thirteen) other matters stipulated by laws and regulations or closely related to the basic life of citizens. Article 8 Citizens in any of the following circumstances are in financial difficulties:

(a) the minimum living security family members;

(2) extremely poor people;

(3) low-income family members;

(4) Persons supported by the government or receiving social assistance in social welfare (assistance) institutions;

(5) members of poor rural families registered as the government's poverty alleviation targets;

(six) other persons with financial difficulties as stipulated by laws, regulations and rules or determined by the people's governments at or above the county level. Article 9 A citizen who fails to entrust a defender due to financial difficulties or other reasons may apply for legal aid according to law. Article 10 If a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, he or her and his close relatives may apply for legal aid, which is not limited by financial difficulties:

(a) there is evidence to prove that the criminal suspect or defendant belongs to the first or second degree of intellectual disability;

(2) In the same criminal case, other criminal suspects and defendants have entrusted defenders;

(3) The people's procuratorate lodged a protest;

(4) The case has a significant social impact. Article 11 If a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, the public security organ, the people's procuratorate and the people's court shall, within three days from the date of knowing the situation, notify in writing the legal aid institution affiliated to the local judicial administrative organ at the same level to appoint a lawyer to defend him:

(1) Minors;

(2) Blind, deaf and dumb;

(3) Mental patients who have not completely lost the ability to recognize or control their own behavior;

(4) Criminal suspects and defendants who may be sentenced to life imprisonment or death penalty.

When the Provincial Higher People's Court reviews the death penalty case, if the defendant fails to entrust a defender, it shall notify the provincial legal aid institution in writing to provide legal aid.

If the respondent or defendant in a compulsory medical case fails to entrust an agent ad litem, the people's court shall notify the legal aid institution affiliated to the judicial administrative organ at the same level to provide legal aid in accordance with the provisions.