With the continuous improvement of China's socialist democracy and legal system, people's courts at all levels, people's procuratorates, public security organs, judicial administrative organs and disabled persons' federations have continuously increased their efforts in judicial assistance, legal aid and legal services for the disabled. People's courts at all levels shall provide judicial assistance to poor disabled people and social welfare enterprises and institutions such as welfare homes and mental hospitals according to law. Public security organs and people's procuratorates at all levels severely crack down on all kinds of illegal and criminal acts that infringe on the rights and interests of disabled people. Legal aid institutions at all levels, judicial offices, legal service offices, law firms, notary offices and other institutions actively provide barrier-free legal services and legal aid for the disabled. 365,438+002 law firms are entrusted by the Disabled Persons' Federation at all levels to provide legal services for the disabled. 2270 disabled persons' federations at or above the county level have set up special legal aid centers (sub-centers and workstations) to provide legal services for the disabled free of charge. During the "Eleventh Five-Year Plan" period, in order to effectively safeguard and protect the legitimate rights and interests of the disabled, according to the "Outline for the Development of Disabled Persons in China" approved by the State Council, the "Eleventh Five-Year Plan for the Implementation of Legal Aid for the Disabled" was formulated. In order to ensure the smooth completion of the task of legal aid for the disabled during the Eleventh Five-Year Plan period, these measures are formulated for the reference of all localities in their work. I. Mission Objectives (1) Establish a coordination mechanism for legal aid for the disabled at the provincial, city and county levels. (2) Establish a legal aid system for the disabled, which is dominated by judicial assistance from people's courts at all levels, legal services and legal aid from judicial administrative departments at all levels, supplemented by legal aid provided by other administrative organs, disabled persons' federations and social forces. Two. Main measures Legal aid for the disabled mainly includes legal aid provided by people's courts, legal aid provided by legal aid centers, legal services and assistance provided by people's procuratorates, public security, judicial administration, civil affairs, labor security, education, health, disabled persons' federations, law firms, legal service offices and notary offices, as well as legal services and assistance provided by social organizations, non-governmental organizations and institutions of higher learning in various forms. The content of legal aid for the disabled is very extensive, which requires the division of labor and cooperation of people's courts, people's procuratorates, public security, judicial administration, civil affairs, labor and social security, education, health, disabled persons' federations and other departments. At the same time, we should pay full attention to the positive role of social organizations, non-governmental organizations and institutions of higher learning in legal aid for the disabled. (I) Coordination mechanism of legal aid for the disabled The coordination mechanism of legal aid for the disabled is a comprehensive coordination mechanism to study and formulate policies and plans for legal aid for the disabled, urge the development of legal aid for the disabled and solve major problems of legal aid for the disabled. 1. Establish a coordination group for legal aid for the disabled, which is composed of people's courts, people's procuratorates, public security, judicial administration, civil affairs, labor and social security, education, health, disabled persons' federations and other departments, as the carrier and organizational form of the coordination mechanism for legal aid for the disabled, and coordinate relevant departments to carry out legal aid work for the disabled in this region. 2. Responsibilities of the Coordination Group for Legal Aid for the Disabled The main responsibilities of the Coordination Group for Legal Aid for the Disabled are: (1) To study and formulate policies and plans for legal aid for the disabled in this region. (2) urge the relevant departments to carry out legal aid work for the disabled in this area according to law. (3) Coordinate relevant departments to properly handle and solve major typical cases that infringe upon the rights and interests of disabled people. (4) Summarize and promote the experience of legal aid for the disabled. 3. Working Requirements of the Coordination Group for Legal Aid for the Disabled The main working requirements of the Coordination Group for Legal Aid for the Disabled are: (1) Hold a plenary meeting at least once a year to summarize the legal aid work for the disabled this year and make arrangements for the legal aid work for the disabled next year. (2) timely coordinate and solve major typical cases that infringe upon the rights and interests of the disabled. (3) To carry out research on legal aid for the disabled in this region in a timely manner to solve the problems and difficulties existing in legal aid for the disabled. (II) Investigation and handling of major typical cases Through the implementation of the Law of the People's Republic of China on the Protection of Disabled Persons and other laws and regulations to protect the rights and interests of disabled people, the legitimate rights and interests of the majority of disabled people have been effectively safeguarded and guaranteed. However, due to various reasons, discrimination and infringement of the rights and interests of disabled people occur from time to time in society. For the following situations: (1) infringes on the interests of the disabled group; (2) seriously infringing on the legitimate rights and interests of the disabled, which has a significant impact in this area; (3) If the handling of cases has a typical exemplary role in safeguarding the rights and interests of the disabled, the public security organs, people's procuratorates and other judicial organs shall perform their functions according to law and earnestly safeguard the legitimate rights and interests of the disabled; Other departments related to the case should actively cooperate with the judicial organs to carry out their work according to law; Disabled Persons' Federation, as the representative organization of the disabled, should fully perform the function of safeguarding rights, intervene as soon as possible, actively cooperate with relevant departments, and fully protect the rights and interests of the disabled. (3) Legal aid for the disabled in people's courts 1. Judicial Assistance According to the Supreme People's Court's regulations on judicial assistance to parties with real financial difficulties, disabled people, social welfare institutions, nursing homes, hospitals with special care, mental hospitals, SOS children's villages, social assistance stations, special education institutions, etc., those who have no fixed source of income can obtain judicial assistance from the people's courts and enjoy the reduction or exemption of relevant litigation costs; According to local actual conditions, the people's courts have continuously lowered the conditions of judicial assistance, expanded the scope of judicial assistance, and enabled more poor disabled people to enjoy preferential judicial assistance. 2. Other Legal Aid Work According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws, if the defendant is blind, deaf or dumb or the minor has not entrusted a defender, the people's court shall designate a lawyer who undertakes the obligation of legal aid to defend him. For persons with visual disability, hearing disability and language disability, the people's courts provide barrier-free services such as Braille and sign language according to the needs of the disabled and the needs of the case. (4) Legal aid for the disabled by the judicial administrative department 1. Legal aid and legal services of judicial administrative departments According to the Notice on Providing Barrier-free Legal Services and Legal Aid for Disabled Persons, judicial offices, law firms, notary offices and judicial authentication institutions actively provide barrier-free legal services for disabled persons, and reduce or exempt relevant fees according to their economic conditions, so that disabled persons can enjoy priority, high-quality and preferential barrier-free legal aid and legal services. Legal aid institutions at all levels, in accordance with the requirements of the Regulations of the People's Republic of China on Legal Aid and other laws, regulations and policies, give priority to the disabled, ensure that those who meet the conditions for legal aid can get effective legal aid, and appropriately expand the scope of assistance for the disabled according to local actual conditions, lower the conditions for legal aid, so that more disabled people can enjoy legal aid services. 2. Reduce and exempt the expenses of judicial expertise, etc. In accordance with the Opinions on Implementing the Regulations on Legal Aid to Effectively Solve the Difficulties of People with Litigation Difficulties, the departments of justice, civil affairs, finance, labor and social security, land and resources, construction, health, industry and commerce, archives, etc., continuously increase financial input, simplify relevant procedures, and reduce and exempt the expenses related to the disabled; Appraisal institutions give preferential relief to the appraisal matters involved in legal aid cases for the disabled; The socialized judicial authentication institution managed by the judicial administrative department shall defer or waive the authentication fee for the recipients of legal aid cases for the disabled; Other non-financial appraisal institutions apply for personal disability appraisal, paternity appraisal, handwriting appraisal and property appraisal for the recipients of legal aid cases for the disabled. If it is really difficult for the recipient to pay the appraisal fee, the legal aid institution shall bear the relevant expenses. 3. Legal aid centers for the disabled The local judicial administrative organs and the Disabled Persons' Federation have jointly established 2,270 legal aid centers (sub-centers, workstations) for the disabled, providing a large number of legal aid services for the poor disabled. It is necessary to continuously increase investment in legal aid centers for the disabled and ensure the normal work of legal aid centers for the disabled. Judicial administrative organs at all levels have strengthened their professional guidance to legal aid centers for the disabled, and constantly improved their professional level and the quality of handling cases. The legal aid center for the disabled shall ensure that the disabled who meet the conditions of legal aid can effectively enjoy legal aid services; At the same time, it is necessary to continuously reduce the conditions for providing legal aid to the disabled, expand the scope of providing legal aid to the disabled, and strive to make more disabled people enjoy legal aid services. For legal aid centers for the disabled who cannot directly handle cases, we should actively do a good job in case referral, standardize legal aid procedures, and unblock legal aid channels for the disabled. The legal aid center for the disabled shall establish a complete file system and statistical system. (5) Legal Aid for Disabled Persons of Disabled Persons' Federation 1. Disabled persons' legal aid work requires disabled persons' federations at all levels to fully understand the significance of legal aid work in safeguarding the rights and interests of disabled persons, fully investigate and understand the legal aid needs and actual situation of local disabled persons, and carry out legal aid work for disabled persons through multiple channels. It is necessary to hold regular meetings on legal aid for the disabled, sum up this year's legal aid for the disabled, and deploy the legal aid for the disabled next year. It is necessary to make full use of existing resources to ensure that eligible persons with disabilities can get legal aid, legal aid and other related fee reductions and exemptions, so that more persons with disabilities can enjoy more benefits and help through various channels. We should actively raise funds, attract legal professionals, and provide professional legal aid services according to local conditions. 2. Legal aid centers for the disabled Where conditions permit, legal aid centers for the disabled can be established to expand the capacity and scope of providing legal aid for the disabled, and provide free assistance such as consultation, document writing, mediation and agency for the disabled who need legal help and services. Legal aid centers for the disabled should generally have legal professionals, fixed office space and financial guarantee. The legal aid center for the disabled shall formulate the corresponding duty system according to the local actual situation and make it public to the disabled. Encourage the provision of legal advice and services for the disabled through legal consultation hotlines and online questions and answers. The legal aid center for the disabled shall establish a complete file system and statistical system for the cases it undertakes. The procedures for handling cases in the legal aid center for the disabled are as follows: (1) Cases of the disabled who meet the requirements of local legal aid are referred to the local legal aid center or the legal aid center for the disabled who has the ability to handle cases; (two) cases that do not meet the local legal aid conditions and can be handled separately by the legal aid center for the disabled shall be handled in accordance with the procedures; (3) Other cases may be handled by law firms and legal services designated or entrusted by the Disabled Persons' Federation. 3. Support litigation and public interest litigation For major typical cases that seriously infringe upon the rights and interests of disabled persons, the Disabled Persons' Federation can support the infringed disabled persons to bring a lawsuit to the people's court in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and other laws and regulations. The contents of supporting litigation mainly include: (1) providing spiritual and material help to the infringed disabled; (2) Help the injured disabled to obtain judicial assistance and legal aid; (three) to the court to support the prosecution; (4) Other help. For cases that infringe on the interests of the disabled, especially administrative cases, we can try to bring a lawsuit directly to the people's court and participate in the lawsuit on behalf of the disabled in accordance with the public interest litigation model. (VI) Legal aid for the disabled in other institutions should give full play to the positive role of social organizations, non-governmental organizations, universities and other social resources in legal aid for the disabled, encourage and support various forms of innovations and attempts in legal aid for the disabled, and extensively absorb and utilize social funds and outstanding talents to join the legal aid for the disabled through various channels such as policy guidance, project support and the establishment of special funds. Three. Inspection and evaluation (1) inspection 1. The contents of the inspection mainly include whether the coordination group for legal aid for the disabled has been established; Whether the coordination group of legal aid for the disabled can work normally, including the introduction of policies, the handling of major cases, and the summary and promotion of experience; Legal aid for the disabled in various functional departments; Handling cases in legal aid centers for the disabled and legal aid centers for the disabled; Relevant working documents and statistical data, etc. 2. Inspection methods Inspection includes irregular inspection, spot check, annual inspection, mid-term inspection and final inspection by the government, the Disabled Persons' Federation and the rights protection department of the Disabled Persons' Federation. (2) The evaluation and inspection department will make an evaluation according to the inspection situation, put forward corresponding rectification opinions and suggestions, sum up successful experiences, and carry out popularization and learning. Four. Funds Governments at all levels should incorporate the funds for legal aid for the disabled into their financial budgets, absorb social resources, strive for relevant project funds, and raise funds for legal aid for the disabled through multiple channels. The central funds are mainly used to study and formulate legal aid policies for the disabled, guide legal aid work for the disabled, and appropriately subsidize local legal aid funds for the disabled according to actual conditions. Local funds are mainly used to carry out local legal aid work for the disabled and train legal aid personnel for the disabled.
Adopt it