Legal aid refers to a legal guarantee system that legal aid agencies established by the government or lawyers of non-governmental organizations provide legal services for people with financial difficulties or special cases, especially in rural areas. If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. A special case refers to a case where a criminal suspect or defendant may be sentenced to life imprisonment or death penalty, and no defender is entrusted, and the people's court, people's procuratorate and public security organ notify the legal aid institution to appoint a lawyer to defend him.
Legal aid is a social welfare undertaking to help the poor and protect the legitimate rights and interests of the vulnerable groups in society, and it is also an important measure for China to implement the general plan of governing the country according to law and build a well-off society in an all-round way.
Legal aid in China has the following characteristics:
1. Legal aid is the responsibility of the state and the behavior of the government, which is organized and implemented by the legal aid agency established by the government. It embodies the obligations of the state and the government to citizens;
2. Legal aid is a legal and institutionalized act and an important part of the national social security system;
3 recipients are persons with financial difficulties, the disabled, the weak or special objects designated by the people's court;
4. The legal aid institution collects the legal service fee from the recipient, and the court reduces the litigation fee such as the case acceptance fee to the recipient;
5. The forms of legal aid include both litigation legal services and non-litigation legal services. Mainly take the following forms: criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.