Measures of Chongqing Municipality on Legal Aid

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and other relevant provisions, and in light of the actual situation in Chongqing, in order to standardize the legal aid work, ensure citizens to obtain necessary legal help and promote social stability and civilization progress. Article 2 The term "legal aid" as mentioned in these Measures refers to the social relief system in which legal aid agencies organize law firms, notary offices, grass-roots legal service offices and other legal service agencies and their legal service personnel to provide legal services to citizens with financial difficulties or special cases, and waive or reduce service fees. Article 3 The judicial administrative organs of cities, districts and counties (autonomous counties and cities) shall be in charge of legal aid work within their respective jurisdictions, and the daily business management may be entrusted to their subordinate legal aid institutions. Fourth cities and counties (autonomous counties, cities) can set up legal aid law firms to undertake legal aid cases.

Other legal service institutions and their legal service personnel shall undertake legal aid obligations in accordance with the provisions of the law and these measures. Fifth social organizations, institutions of higher learning and their relevant units shall accept the guidance and supervision of legal aid institutions when carrying out legal aid activities. Article 6 A legal service institution and its legal service personnel shall, in carrying out legal aid and undertaking legal aid affairs, take facts as the basis, take the law as the criterion, and abide by professional ethics and practice discipline. Article 7 When providing legal aid materials to legal aid institutions, relevant units and individuals shall waive or reduce relevant fees as appropriate. Chapter II Object, Scope and Form Article 8 Citizens who meet the following conditions may apply for legal aid:

(a) domicile or habitual residence within the jurisdiction of this Municipality;

(2) The reason for applying for legal aid occurred within the jurisdiction of this Municipality;

(three) there is evidence that legal help is needed to protect their legitimate rights and interests;

(four) due to economic difficulties, unable to pay or unable to pay all the legal service fees;

The standard of economic hardship is the minimum living security line stipulated by the local people's government. Article 9 Legal aid shall be provided under any of the following circumstances:

(a) the defendant in a criminal case may be sentenced to death without entrusting a defender;

(2) The defendant in a criminal case is blind, deaf, dumb or a minor and has not entrusted a defender;

(3) The defendant in a criminal case meets other statutory legal aid conditions. Article 10 The scope of legal aid includes the following matters:

(1) Criminal cases;

(2) Requesting to pay alimony, alimony and child care;

(three) to claim compensation for work-related injuries (except for accidents);

(four) blind, deaf, dumb and other disabled people, minors, the elderly to pursue tort compensation;

(five) request for pension and relief funds;

(6) Requesting state compensation;

(seven) other matters that really need legal aid. Eleventh during the period of assistance, the legal aid institution may terminate the legal aid if the recipient no longer meets the conditions of assistance due to the improvement of economic conditions; The legal service shall not be terminated through consultation between both parties, but the recipient shall pay the legal service fee.

When the recipient obtains significant economic benefits from the settlement of legal aid matters, he shall compensate the legal aid institution for legal service fees. Twelfth recipients can know the progress of legal aid activities.

When the recipient has facts to prove that the legal aid personnel have failed to perform their duties according to law and cannot protect their legitimate rights and interests, they may request the legal aid institution to replace the legal aid personnel.

The recipient shall truthfully state the facts and circumstances, and cooperate with the work of legal aid institutions and aid workers. Thirteenth legal aid takes the following forms:

(1) Legal opinions and documents;

(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 Legal Aid Procedures Article 14 Criminal legal aid cases designated by the people's courts for defense shall be accepted and executed by the legal aid institutions in the places designated by the people's courts. Legal aid for criminal litigation cases and other litigation cases without designated defense shall be applied by the applicant to the legal aid institution where the people's court with jurisdiction is located; To apply for legal aid for non-litigation legal affairs, an application shall be made to the legal aid institution of his domicile or habitual residence. Fifteenth applicants for legal aid shall fill in the application form for legal aid and submit the following materials:

(1) Resident identity card, household registration certificate or temporary residence permit;

(two) the proof of the applicant's and family's economic situation issued by the civil affairs department of the domicile or habitual residence or the township people's government or the street office;

(three) the basic situation of applying for legal aid;

(four) other materials that the legal aid management institution deems necessary. Sixteenth legal aid institutions responsible for accepting and approving applications for assistance staff in any of the following circumstances, should be avoided:

(1) Being a close relative of the applicant for legal aid;

(2) Having a direct interest in the application;

(3) Having other relations with the applicant, which may affect the acceptance and approval of assistance matters.