The term “legal aid personnel” as mentioned in these regulations refers to lawyers, grassroots legal service workers, legal aid volunteers, and other personnel assigned or arranged by legal aid institutions to provide legal services. Article 3 The Provincial People's Government shall stipulate the financial difficulty standards for legal aid, and make timely adjustments based on the province's national economic and social development, the resources and needs for legal aid, and the citizens' ability to pay for legal services.
Counties (cities, districts) at or above the prefecture level can formulate financial hardship standards for legal aid that are better than provincial standards based on the actual conditions of their own administrative regions.
The financial difficulty standards for legal aid should be announced to the public. Article 4 Legal aid is the responsibility of the government. People's governments at or above the county level should take measures to promote legal aid work, establish a legal aid funding guarantee system, include the funds required for legal aid in the fiscal budget, and ensure the coordinated development of legal aid and economic and social development. Legal aid funds should be earmarked for specific purposes and subject to the supervision of finance and auditing departments.
Township people’s governments and sub-district offices should cooperate with legal aid work. Article 5 The judicial administrative departments of the people's governments at or above the county level are responsible for the supervision and management of legal aid work within their respective administrative regions.
The people's courts, people's procuratorates, public security organs and other relevant departments should do a good job in legal aid work in accordance with the law. Article 6 Legal aid agencies are responsible for the daily work of legal aid within their own administrative regions and guide the work of lower-level legal aid agencies. Article 7 The Lawyers Association shall assist in the legal aid work carried out in accordance with these Regulations in accordance with the Lawyers Association Charter. Article 8 Labor unions, Communist Youth League, Women's Federation, Disabled Persons' Federation and other social organizations, as well as social organizations such as colleges and universities, enterprises and institutions, may use their own resources to participate in legal aid in accordance with the law and play the role of legal aid volunteers.
Judicial administrative departments or legal aid institutions at all levels can purchase legal aid services from the society as needed. Article 9 Legal aid agencies and legal aid personnel shall abide by legal procedures and professional norms, provide recipients with legal aid that meets standards, and ensure the quality of legal aid.
The judicial administrative department of the Provincial People's Government should establish and improve legal aid quality standards and quality assessment systems. Article 10 People's governments at all levels shall organize and strengthen the publicity of legal aid to make the public generally understand legal aid.
The press, publishing, radio and television, the Internet and other media should carry out public welfare publicity on legal aid. Chapter 2 Conditions, Objects and Methods Article 11 Citizens with financial difficulties and parties to special cases may apply for legal aid when they encounter legal problems or their legitimate rights and interests are infringed. Article 12 Social welfare institutions such as welfare homes, orphanages, nursing homes, honor homes, special care hospitals, mental hospitals, and SOS Children's Villages. If legal aid is needed to safeguard legitimate civil rights and interests, legal aid agencies can provide legal aid upon application.
If a social organization files a civil public interest lawsuit in the People's Court due to environmental pollution, ecological damage and other behaviors that harm public interests, the legal aid agency can provide legal aid based on its application. Article 13 If a criminal suspect or defendant has any of the following circumstances and has not retained a defender, the people's court, people's procuratorate and public security agency shall notify the legal aid agency to designate a lawyer to defend him:
(a) Blind, deaf, mute and mentally disabled persons;
(2) Mental patients who have not completely lost the ability to recognize or control their own behavior;
(3) Minors;
(4) May be sentenced to life imprisonment or death.
When the Provincial Higher People's Court reviews a death penalty case, if the defendant does not retain a defender, the provincial legal aid agency shall be notified to appoint a lawyer to defend him. Article 14 If the criminal suspect or defendant who is defending refuses to be defended by a lawyer assigned by the legal aid agency, the People's Court, People's Procuratorate and Public Security Bureau shall find out the reasons for the refusal.
If there are legitimate reasons, the criminal suspect or defendant shall be allowed to be notified in writing of the refusal, and the criminal suspect or defendant shall be informed of the need to appoint another defender. If a criminal suspect or defendant has not appointed a separate defender, the people's court, people's procuratorate, and public security agency shall notify the legal aid agency to appoint a separate lawyer to defend him. Article 15 In criminal proceedings, if a defendant fails to retain a defender under any of the following circumstances, the people's court may notify the legal aid agency to designate a lawyer to provide defense for him:
(1) In the same criminal case , other defendants have appointed defenders;
(2) Cases with significant social impact;
(3) Cases protested by the People’s Procuratorate;
( 4) The defendant’s behavior may not constitute a crime;
(5) The defendant is a foreigner or a stateless person;
(6) Terrorist crimes and crimes endangering national security;< /p>
(7) Other circumstances stipulated by laws and regulations.