A legal guarantee system in which legal personnel who organize legal aid provide free legal services to the parties in financial difficulties or special cases. Legal aid legal related personnel is a legal related personnel position, the biggest feature is free. No matter in broad sense or narrow sense, as long as they are engaged in legal aid services, they can't charge legal personnel fees.
legal ground
Article 26 of the State Council's Regulations on Legal Aid: In any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law:
(a) to provide legal aid to those who do not meet the conditions of legal aid, or to refuse to provide legal aid to those who meet the conditions of legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(four) embezzlement and misappropriation of legal aid funds.
The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Twenty-eighth legal staff in any of the following circumstances, given a warning by the judicial administrative department, ordered to make corrections; If the circumstances are serious, a penalty of stopping practicing 1 month or more and 3 months or less shall be imposed:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Twenty-ninth legal personnel who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Legal Personnel Law. In order to regulate the service charging behavior of legal personnel, safeguard the legitimate rights and interests of clients and legal personnel, and promote the healthy development of the service industry of legal personnel, these measures are formulated in accordance with the Price Law, the Law on Legal Personnel and other relevant laws and regulations.
Article 2 These Measures shall apply to the charging behavior of well-practiced judge witnesses established in accordance with the Judges Law of People's Republic of China (PRC) for providing legal services to clients.
Article 3 The service charges of law-related personnel shall follow the principles of openness, fairness, voluntary compensation, honesty and credibility.
Good should be to facilitate the people, strengthen internal management, reduce service costs and provide convenience for customers.