chapter I general provisions article 1 these regulations are formulated in accordance with the relevant provisions of the legal aid regulations of the State Council and other laws and administrative regulations, and in combination with the actual situation of this province, in order to ensure that citizens with financial difficulties and other legal conditions can obtain necessary legal services, and to promote and standardize legal aid work. Article 2 The term "legal aid" as mentioned in these Regulations refers to the activities that the judicial administrative department of the people's government at or above the county level organizes legal aid institutions and legal aid service organizations to provide free legal advice, criminal defense, agency and other legal services for citizens with financial difficulties or other legal conditions.
the legal aid workers mentioned in these regulations refer to their own staff, lawyers or grassroots legal service workers, other legal professionals and legal aid volunteers who are arranged or assigned by legal aid institutions to handle legal aid matters. Article 3 The judicial administrative department of the people's government at or above the county level shall be responsible for organizing, supervising and managing the legal aid work within its administrative area.
legal aid institutions are responsible for accepting and examining legal aid applications, assigning or arranging legal aid personnel, and guiding, coordinating and managing legal aid activities.
the judicial administrative department of the people's government at the county level can determine legal aid workstations (points) in towns (streets) according to needs. Article 4 Legal aid is the responsibility of the government. The people's governments at or above the county level shall incorporate legal aid work into the national economic and social development plan, and include legal aid funds in the fiscal budget at the same level to ensure the coordinated development of legal aid and economy and society.
the funds for legal aid shall be earmarked and subject to the supervision of the financial and auditing departments. Article 5 The people's courts, people's procuratorates, public security organs and other relevant government departments shall do a good job in the work related to legal aid in accordance with laws, regulations and relevant state regulations. Article 6 Legal aid personnel shall perform their legal aid obligations in accordance with laws, regulations and relevant provisions of the state, and the methods of legal aid shall be suitable for their professional qualifications. Legal aid personnel to carry out legal aid services according to law are protected by law.
Law firms and lawyers shall provide legal aid services according to the Law of the People's Republic of China on Lawyers, the Regulations on Legal Aid of the State Council and these Regulations. Legal service offices and other social legal aid service organizations approved by the judicial administrative department shall carry out legal aid activities according to law, support and urge their legal aid personnel to fulfill their legal aid obligations and provide them with necessary conditions.
lawyers' associations and other legal service industry organizations should strengthen supervision over the legal aid work of their members. Article 7 Trade unions, the Communist Youth League, women's federations, disabled persons' federations and other social organizations and institutions are encouraged to provide legal aid with their own resources and accept the guidance and supervision of the judicial administrative department.
Encourage teachers and students in institutions of higher learning, personnel from research institutes and other members of society with legal expertise to participate in legal aid volunteer activities. Chapter ii scope and methods article 8 if a citizen fails to entrust an agent for the following matters due to financial difficulties, he may apply to a legal aid institution for legal aid:
(1) requesting state compensation according to law;
(2) requesting social insurance benefits or minimum living security benefits;
(3) requesting the payment of pensions and relief funds;
(4) requesting the payment of alimony, alimony and alimony;
(5) requesting payment of labor remuneration;
(6) claiming civil rights and interests arising from courageous acts;
(7) The legitimate rights and interests are infringed due to industrial accidents, road traffic accidents, medical accidents and food and drug safety accidents;
(8) The lawful rights and interests are infringed due to domestic violence, abuse or abandonment;
(9) The legitimate rights and interests are infringed due to the use of fake and inferior fertilizers, pesticides, seeds, agricultural machinery and other fake and inferior products;
(11) The lawful rights and interests are infringed upon due to environmental pollution, public health and production safety accidents;
(eleven) other legal aid matters determined by the provincial people's government.
the standards of citizens' financial difficulties mentioned in these regulations shall be stipulated by the provincial people's government according to the economic development and the needs of legal aid. Article 9 In criminal proceedings, a citizen may apply to a legal aid institution for legal aid under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) The victim and his legal representative or close relatives in a public prosecution case have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(3) The private prosecutor, his legal representative and the defendant in a private prosecution case have failed to appoint an agent ad litem or a defender due to financial difficulties since the date when the people's court accepted the case. Article 11 Legal aid institutions shall appoint lawyers to provide legal aid for cases that the people's courts designate to defend according to law. Article 11 Ways of legal aid:
(1) Legal consultation and drafting of legal documents;
(2) criminal defense and criminal agency;
(3) Civil litigation agent and administrative litigation agent;
(4) Administrative reconsideration agents, arbitration agents and other non-litigation legal affairs agents;
(5) other methods as prescribed by laws and regulations.