According to the Regulations on Legal Aid, administrative reconsideration does not belong to the scope of legal aid, but some areas have issued regulations that administrative reconsideration can apply for legal aid.
regulations of the people's republic of china on legal aid
Article 10 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those stipulated in the preceding paragraph.
Citizens may apply to legal aid institutions for legal advice on matters specified in the first and second paragraphs of this article.
Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:
(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 of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Interim Measures of huangyan district Municipality on the Implementation of Legal Aid in Administrative Reconsideration Cases
In order to ensure that citizens with financial difficulties get the necessary legal services in administrative reconsideration, and to promote and standardize the legal aid for administrative reconsideration in huangyan district, huangyan district Legislative Affairs Office has formulated the Interim Measures for the Implementation of Legal Aid for Administrative Reconsideration Cases in huangyan district according to the relevant provisions of the State Council's Legal Aid Regulations, Zhejiang Legal Aid Regulations, People's Republic of China (PRC) Administrative Reconsideration Law and other laws and regulations, combined with the actual situation in huangyan district.
According to the Measures, legal aid institutions in huangyan district are responsible for accepting and reviewing legal aid applications, assigning or arranging legal aid personnel, and guiding, coordinating and managing legal aid activities. Citizens who apply for administrative reconsideration to the huangyan district Municipal Bureau of Administrative Reconsideration may apply for legal aid from legal aid agencies if they do not have an agent due to financial difficulties.
According to the Measures, legal aid for administrative reconsideration mainly takes the form of legal consultation, drafting an application for administrative reconsideration and acting as an agent for administrative reconsideration. Citizens to apply for legal aid, can be put forward to the legal aid institutions in huangyan district.
The Measures stipulate in detail the specific materials, conditions of legal aid and avoidance situations when applying for legal aid, so as to guide the concrete implementation of the legal aid measures for administrative reconsideration cases in huangyan district.
Second, the scope of administrative reconsideration cases
1 Administrative penalties such as refusal to accept detention, fine, temporary suspension or revocation of permits and licenses, order to stop production and business, confiscation of illegal income, confiscation of illegal property, etc.
Refuses to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property.
3 that the administrative organ violates the provisions of laws and regulations of business autonomy.
4. Considering that it meets the statutory requirements, it applies to the administrative organ for issuing administrative licenses and licenses, qualification certificates, qualification certificates and other certificates, or applies to the administrative organ for examination and approval and registration related matters, but the administrative organ fails to handle them according to law; Refuses to accept the decision made by the administrative organ to change, temporarily suspend or revoke the license, license, qualification certificate, qualification certificate and other documents.
5. The administrative organ refuses or refuses to reply to the application requiring the administrative organ to perform its statutory duties such as protecting personal rights, property rights and the right to education.
6 that the administrative organ fails to issue pension, social insurance or minimum living allowance according to law.
7 that the administrative organ is required to perform its obligations in violation of the law.
Refuses to accept the decision made by the administrative organ to confirm the natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches, sea areas and their rights or use rights.
That the administrative organ's alteration or rescission of an agricultural contract infringes upon its legitimate rights and interests.
10, believing that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
The above knowledge is Bian Xiao's answer to the question "Can legal aid be provided for administrative reconsideration cases?" According to the Regulations on Legal Aid, administrative reconsideration is not within the scope of legal aid, but some areas have issued regulations that administrative reconsideration can apply for legal aid. reader