Regulations of Henan Province on Legal Aid

Chapter I General Provisions Article 1 In order to implement the constitutional principle that all citizens are equal before the law, safeguard citizens' legitimate rights and interests, and standardize legal aid activities, these Regulations are formulated in accordance with the relevant provisions of national laws and regulations and in light of the actual situation of this province. Article 2 The term "legal aid" as mentioned in these Regulations refers to the legal guarantee system in which legal aid agencies established by the people's governments at or above the county level organize legal aid personnel to provide legal services to the parties in financial difficulties or special cases and waive or reduce fees.

The legal aid personnel mentioned in these Regulations refer to those who undertake legal aid matters and provide legal aid services, and the recipients refer to those who receive legal aid. Article 3 Lawyers, notaries and grassroots legal service workers shall perform their legal aid obligations according to law. Article 4 In the process of implementing legal aid, legal aid institutions and legal aid personnel must be based on facts, take the law as the criterion, and abide by professional ethics and practice discipline. Article 5 The judicial administrative departments of the people's governments at or above the county level shall be in charge of legal aid work within their respective administrative areas. Article 6 Relevant organs, units and individuals shall support and cooperate with legal aid institutions and legal aid personnel in carrying out legal aid work. Seventh people's governments at or above the county level shall commend and reward units and individuals that have made outstanding contributions in legal aid work. Chapter II Legal Aid Institutions and Personnel Article 8 Legal aid institutions of provinces, cities and counties (cities, districts) shall be responsible for guiding, coordinating, supervising and organizing the implementation of legal aid work within their respective administrative areas. Legal aid institutions at higher levels guide the work of legal aid institutions at lower levels. Article 9 Law firms, notary offices and grass-roots legal services are assigned by legal aid agencies in their respective jurisdictions to handle legal aid affairs.

Social organizations, institutions of higher learning and relevant organizations participate in legal aid activities and accept the guidance and supervision of legal aid institutions. Article 10 The following persons shall undertake the assigned legal aid matters:

(a) Full-time staff of legal aid institutions;

(2) lawyers;

(3) a notary;

(4) Grassroots legal service workers.

Encourage citizens with legal expertise other than those specified in the preceding paragraph to voluntarily participate in legal aid activities according to law. Chapter III Scope, Object and Form of Legal Aid Article 11 The scope of legal aid includes:

(1) Criminal cases;

(two) the legal matters of requesting the payment of alimony, alimony and alimony;

(three) the legal matters of the claim for compensation for work-related injuries other than the liability accident;

(four) to handle legal affairs for the disabled, minors, the elderly and women and safeguard their legitimate rights and interests;

(five) the legal matters of requesting the payment of pensions, relief funds, basic living expenses, minimum living allowances, social insurance premiums and labor remuneration;

(six) the legal matters of requesting state compensation;

(seven) other matters that really need legal aid. Twelfth citizens whose domicile or reason is within the administrative region of this province meet the following conditions and can obtain legal aid after examination by legal aid institutions:

(a) to safeguard their legitimate rights and interests need legal help;

(two) due to economic difficulties, unable or unable to bear the cost of legal services.

The standard of economic hardship shall be implemented with reference to the minimum living standard stipulated by the people's government of the place where legal aid is implemented. Article 13 If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, he shall receive legal aid; In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, he may obtain legal aid. Fourteenth legal aid institutions to provide legal aid to foreign nationals, stateless criminal suspects and defendants, should be implemented in accordance with the relevant provisions of the state. Fifteenth legal aid mainly takes the following forms:

(a) Legal advice, drafting legal documents and providing legal advice;

(2) criminal defense or criminal agency;

(3) Acting as an agent in civil and administrative litigation;

(4) Non-litigation legal affairs agency;

(5) notarial certificate. Chapter IV Legal Aid Procedures Article 16 An application for legal matters in litigation shall be submitted by the applicant to the legal aid institution at the same level where the people's court under investigation is located; An application for a non-litigation legal matter shall be submitted by the applicant to the grassroots legal aid institution at the place of residence or where the cause occurred. Article 17 An applicant applying for legal aid shall fill in an application form for legal aid, stating the following items:

Basic information of the applicant;

(two) the facts and reasons for applying for legal aid;

(3) The financial status of the applicant;

(4) List of certificates and certification materials provided by the applicant. Article 18 An applicant shall truthfully submit the following materials:

(a) my valid identity certificate;

(two) the applicant's domicile and habitual residence of the neighborhood (village) committees or relevant units issued by the applicant and his family's financial situation;

(3) Certificates and evidential materials related to the legal aid matters applied for;

(four) other materials that the legal aid institution deems necessary. Article 19 If the applicant is a person without or with limited capacity for civil conduct, his legal representative shall apply on his behalf. Twentieth legal aid institutions believe that the materials provided by the applicant are incomplete or in doubt, they may require the applicant to make necessary supplements or explanations, and may investigate and verify with the relevant units and individuals.