Measures of Guangzhou Municipality on the Implementation of Legal Aid (revised on 20 19)

Article 1 In order to promote and standardize the legal aid work in this Municipality, these Measures are formulated in accordance with the Regulations on Legal Aid, the Regulations on Legal Aid in Guangdong Province and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the legal aid work within the administrative area of this Municipality. Article 3 The municipal and district people's governments shall incorporate the legal aid work into the national economic and social development plan, and include the legal aid funds in the departmental budget of the fiscal year at the corresponding level, so as to ensure the coordinated development of the legal aid cause and the economy and society. Article 4 The municipal judicial administrative department is responsible for supervising and managing the legal aid work within the administrative area of this Municipality, and organizing the implementation of these Measures.

The district judicial administrative department is responsible for the supervision and management of legal aid work within the administrative area of this district.

The municipal and district legal aid institutions are responsible for accepting and examining applications for legal aid within their respective administrative areas, assigning or arranging personnel to provide legal aid, providing services and supervising the implementation of legal aid. Article 5 The Municipal Lawyers Association shall assist the legal aid work according to the articles of association of the Lawyers Association.

Legal aid institutions shall support and guide trade unions, the Communist Youth League, women's federations, disabled persons' federations and other organizations and the Working Committee on Ageing to carry out legal aid activities and safeguard the legitimate rights and interests of specific groups. Article 6 The funds for legal aid shall be used for special purposes and shall be subject to the supervision of the financial and auditing administrative departments.

Legal aid funds include personnel funds, office funds and legal aid business funds of legal aid institutions. Among them, legal aid business funds include subsidies for handling legal aid matters and regular special funds such as publicity, training, translation, appraisal and case quality evaluation.

Subsidies for handling legal aid matters shall be paid in accordance with the subsidy standards of this Municipality. Article 7 Every year 1 1.9 is the publicity day for legal aid in this Municipality.

The municipal and district people's governments and their judicial administrative departments and legal aid institutions shall organize legal aid publicity activities on the legal aid publicity day. Article 8 The municipal judicial administrative department shall establish a unified information system for legal aid services in the whole city, and implement dynamic information management for legal aid services.

The municipal and district judicial administrative departments shall establish and improve the notification mechanism of legal aid work, and timely notify the people's courts, people's procuratorates and public security organs of the reception and handling of criminal legal aid cases and the work of legal aid lawyers on duty.

The municipal legal aid institution shall formulate a unified guide to the application for legal aid in the whole city, and specify the address, contact information, service scope, service content, service mode, application conditions, application procedures, list of required materials and other information of the legal aid institution, and announce it to the public. Article 9 Enterprises, other social organizations and individuals are encouraged to support legal aid in the form of donations.

A legally established legal aid foundation may accept donations from enterprises, other social organizations and individuals. The legal aid foundation shall use the donated funds in accordance with the articles of association, disclose the use of the donated funds to the public, and accept the supervision of the administrative departments such as finance and auditing. Tenth citizens encounter legal problems or their legitimate rights and interests are infringed, and meet the following conditions, you can apply for legal aid in this city:

(a) the legal aid matters applied for are tried or handled in this Municipality, or the legal aid matters applied for by the household registration personnel in this Municipality are tried or handled outside this Municipality;

(2) Persons who meet the criteria for financial difficulties as stipulated in the first paragraph of Article 11 of these Measures, or persons who do not need to submit the application materials for financial difficulties as stipulated in Article 12 of these Measures. Eleventh legal aid applicants and their family members living together before the application date 12 months per capita monthly income is lower than the current minimum wage standard of enterprise employees in this Municipality, it can be considered that the legal aid applicants are in financial difficulties; However, if the standards for financial difficulties of legal aid prescribed by laws, regulations and other rules are superior to the above provisions, those provisions shall prevail.

Legal aid institutions should check the applicant's family economic status through the government information sharing platform. Unable to check, you can check in accordance with the relevant provisions of the city residents' family economic situation, entrust a checking institution to check. Article 12 When applying for legal aid, the following persons do not need to submit financial difficulties declaration materials, but should provide relevant documents and other materials:

(1) Persons with financial difficulties, courageous people, military families, etc. Provisions of Articles 21, 23 and 24 of the Regulations on Legal Aid in Guangdong Province;

(two) the employee side of the group labor dispute case;

(three) because of domestic violence, abuse, abandonment of the rights of the elderly;

(4) The applicant who revokes the custody case;

(five) citizens who apply for state compensation in accordance with the provisions of items (1), (2) and (3) of Article 17 of the People's Republic of China (PRC) State Compensation Law;

(six) severely disabled, multiple disabled, disabled elderly, orphans and disabled children;

(7) Non-commissioned officers and their families who were registered in Guangzhou or were in this city before enlisting;

(8) Officers in active service below the battalion level;

(nine) active or retired soldiers disabled by war or on duty;

(ten) auxiliary police disabled in the line of duty;

(eleven) the spouse, parents, children and other close relatives of the auxiliary police who died in the line of duty or died.

If a criminal suspect, defendant or complainant in a criminal case applies for legal aid at the stages of investigation, prosecution, trial, appeal and retrial, it is not necessary to submit financial hardship declaration materials.