The legal aid center is dedicated to helping those who are poor or those who are doomed to lose. To sum up, if the parties to a lawsuit do not have a lawyer, they can get legal aid. However, not all applicants for legal aid can get it, and sometimes even if they meet the aided person, they will not get legal aid if they do not meet the scope of assistance. What is the scope of application of legal aid?
I. What is legal aid?
Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases. A special case refers to a case in which the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender in accordance with the provisions of the second and third paragraphs of Article 34 of the Criminal Procedure Law of People's Republic of China (PRC). People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend them. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
2. What is the scope of legal aid in China?
(1) According to Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid, if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend:
1, request state compensation according to law.
2. Request for social insurance benefits or minimum living security.
3. Request for pensions and relief funds.
4. Requesting to pay alimony, alimony and alimony.
5. Requesting payment of labor remuneration.
6. Advocate the civil rights and interests arising from the courageous deeds.
7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents.
8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation.
9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures.
10. 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.
1 1. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
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, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
(two) the following cases or matters, the legal aid center shall not provide legal aid, including:
1. A civil action or criminal private prosecution case caused by the applicant's fault liability infringing on the legitimate rights and interests of others.
2 administrative litigation cases caused by the fault of the applicant.
3. The applicant can't provide evidence related to litigation, and can't investigate the case of collecting evidence.
4, can be handled by administrative organs without litigation.
5. Cases and legal procedures are simple, and it is usually unnecessary to hire legal service personnel to represent cases.
6. Cases where legal remedies have been exhausted.
7. The applicant defrauds legal aid without providing supporting materials or issuing false certificates.
8, approved by the competent department, the legal aid center announced that other cases will not be accepted.
In judicial practice, this phenomenon occurs from time to time. Before the trial, the judicial organ or the government received a request for legal aid. After receiving the application, the state organ needs to review the basic information of the applicant to judge whether it meets the application conditions and whether the case to be tried belongs to the application scope of legal aid. If so, it will approve the application.