The legal service institutions mentioned in these Regulations refer to law firms, notary offices, grassroots legal service offices and other legal service organizations established according to law.
The legal aid workers mentioned in these Regulations refer to lawyers, notaries, grassroots legal workers and other legal aid workers who provide legal aid.
The term "recipient" as mentioned in these Regulations refers to the parties who have obtained legal aid. Article 3 Legal aid shall follow the principle of government leading and social participation. Article 4 The judicial administrative departments of the people's governments at or above the county level shall be in charge of legal aid work within their respective administrative areas, and exercise unified leadership and management supervision over legal aid institutions.
Legal aid institutions at all levels shall be responsible for legal aid work in their respective jurisdictions, accept legal aid matters, assign legal aid personnel, and undertake legal aid cases with significant social impact in their respective jurisdictions. Article 5 Legal aid institutions and legal aid personnel shall perform their legal aid obligations in accordance with relevant laws and the provisions of these Regulations.
Legal service institutions and lawyers shall undertake a certain number of legal aid matters every year. Sixth legal aid institutions and legal aid personnel, in the process of implementing legal aid, must be based on facts, take the law as the criterion, and abide by professional ethics and practice discipline. Seventh relevant state organs, social organizations, enterprises and institutions, other organizations and individuals shall support and cooperate with legal aid institutions and legal aid personnel to carry out legal aid work. Chapter II Objects, Scope and Forms of Legal Aid Article 8 Citizens with permanent residence or temporary residence permits in this province who have sufficient reasons to prove that they need legal aid to safeguard their legitimate rights and interests and are unable or completely unable to pay legal service fees due to economic difficulties may apply for legal aid under any of the following circumstances:
Enjoy the minimum living allowance, receive unemployment insurance benefits and have no other income;
(2) Special care recipients with financial difficulties;
(three) due to natural disasters or other force majeure caused by economic difficulties are receiving relief;
(4) Disabled people, the elderly, women and minors adopted by families with financial difficulties or social welfare organizations;
(five) other laws and regulations can obtain legal aid.
The standard of economic difficulties shall be implemented with reference to the local minimum living standard stipulated by the provincial people's government.
Legal aid institutions can decide whether to provide legal aid to social welfare organizations according to their applications for legal aid. Article 9 In the investigation and prosecution stage of a criminal case, the criminal suspect is a minor, and if he has no agent or lawyer, he can get legal aid.
If the defendant in a criminal case is blind, deaf or dumb, or if a minor has not entrusted a defender, he shall receive legal aid.
If the defendant who may be sentenced to death fails to entrust a defender, or if the defendant sentenced to death by the people's court of first instance fails to entrust a defender on appeal, he shall obtain legal aid.
In a public prosecution case in which the public prosecutor appears in court, if the defendant fails to entrust a defender due to financial difficulties or other reasons, he may obtain legal aid. Article 10 Legal aid to foreigners and stateless persons shall be provided in accordance with relevant state regulations. Article 11 The scope of legal aid includes the following legal matters:
(1) Criminal cases;
(2) Requesting maintenance, upbringing, tending and payment of labor remuneration;
(three) the disabled, minors, the elderly and women claim tort compensation;
(4) Requesting compensation or compensation for injuries sustained on duty;
(five) the victims of traffic accidents, medical accidents, industrial accidents or other personal injury accidents request medical expenses and compensation;
(six) recourse pensions, relief funds, social insurance;
(7) Litigation cases requesting state compensation;
(eight) the legal facts and legal relations that need to be notarized and are closely related to personal property;
(nine) other legal matters that require legal aid. Twelfth legal aid includes the following forms:
(1) Answering legal advice, drafting legal documents and providing legal advice;
(2) criminal defense and criminal agency;
(3) civil litigation agent;
(4) administrative litigation agency;
(5) Non-litigation legal affairs agency;
(6) notarized certificate;
(seven) other forms of legal services. Chapter III Jurisdiction of Legal Aid Article 13 Criminal legal aid cases designated by the people's courts for defense shall be accepted by the legal aid institutions at the same level where the people's courts are located.
Applications for legal aid in criminal proceedings and other litigation cases without designated defense shall be accepted by the legal aid institution at the same level where the people's court with jurisdiction is located.
Non-litigation legal aid matters shall be accepted by the grassroots legal aid institutions where the applicant lives or works.