Legal aid means that the state provides legal aid to the parties in certain economic difficulties or special cases through lawyers, notaries and other legal service personnel to ensure the realization of their legitimate rights and interests. This has solved the judicial injustice that some citizens can't afford lawyers and lawsuits, and protected the equal rights of the weak. Then, how can citizens apply for and get legal aid according to law?
I. Conditions for applying for legal aid. According to the law, the object of legal aid in China is mainly applicable to the parties with financial difficulties and special cases. Accordingly, citizens can apply for legal aid in any of the following circumstances: 1, those who have sufficient reasons to prove that their legitimate rights and interests have been violated and need legal help, but are unable or unable to fully bear the legal service fees due to economic difficulties (measured by the minimum living standard provided by local government departments); 2. The criminal defendant or suspect is blind, deaf, dumb or a minor and has not entrusted a defense lawyer; 3. The criminal defendant or criminal suspect is an elderly person or other disabled person who is unable to hire a defense lawyer due to financial difficulties; 4. The defendant may be sentenced to death without entrusting a defender, and the people's court appoints a lawyer who undertakes the obligation of legal aid to defend him; 5. In a criminal case, the defendant of foreign nationality has not entrusted a defender, and the people's court has appointed a lawyer to defend him.
Second, the scope of applying for legal aid. The application for legal aid by the parties can be a criminal case or an administrative or civil case. The scope of applying for assistance mainly includes: legal matters of requesting to pay alimony and alimony; Legal matters concerning the application for pensions and relief funds; Litigation cases requesting state compensation; Legal matters for claiming compensation for work-related injuries (except liability accidents); Criminal cases of disabled people, minors and the elderly who can't defend themselves and legal issues of tort compensation; Other legal matters that the parties enjoy legal aid according to law.
Citizens' requests for legal aid include: legal consultation, drafting legal documents; Criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate and other forms of legal services.
Three. Procedures for applying for legal aid. When requesting legal aid, the parties concerned must apply in written form, fill in the prescribed format and contents, and pay attention to submitting the following materials: my ID card, household registration certificate or temporary residence permit, the applicant's financial status certificate issued by the relevant unit, the basic situation of applying for assistance and other materials required by the legal aid institution. If the applicant is really unable to fill in the application form and provide written materials due to objective reasons, he may ask the staff to cooperate in filling in and recording.
For the general application, the legal aid institution shall examine and make a decision within 10 days from the date of receiving the application. For the eligible parties, it shall make a written decision to agree to provide legal aid and notify the grantee. The legal aid institution shall sign the Legal Aid Agreement with the legal aid contractor and the grantee. If the applicant does not meet the requirements, the legal aid agency will make a decision not to provide assistance. If the applicant disagrees with this, he may apply to the competent judicial administrative department for review within 10 days after receiving the notice, and the judicial administrative department shall make a final decision within 30 days after receiving the application. Generally speaking, legal aid agencies do not review legal aid cases with designated defense issued by the people's courts, that is, they issue emergency legal aid notices and assign lawyers to provide services.