The term "legal service institutions" as mentioned in these Regulations refers to law firms, notary offices, grassroots legal service offices and other legal service institutions established with the approval of the judicial administrative department. The legal aid personnel mentioned in these Regulations refer to lawyers, notaries and grassroots legal workers.
The term "recipient" as mentioned in these Regulations refers to the parties who have obtained legal aid. Article 3 The judicial administrative department of the people's government at or above the county level shall be responsible for the management and supervision of legal aid work within its administrative area.
Legal aid agencies are responsible for guiding, coordinating and organizing the implementation of legal aid work within their respective administrative areas. The legal aid institutions at lower levels accept the professional guidance of the legal aid institutions at higher levels. Article 4 People's governments at or above the county level shall earmark funds for legal aid. The financial and auditing departments shall strengthen supervision over the use of legal aid funds.
Legal aid institutions can raise funds through legal channels such as accepting social donations as a supplement to legal aid funds. Fifth state organs and relevant units to provide legal aid personnel with materials related to legal aid matters, should be exempted or reduced fees. Article 6 Social organizations, other organizations and legal professionals are encouraged to provide free legal services to citizens with financial difficulties or other special difficulties. Seventh people's governments at or above the county level or the judicial administrative department shall commend and reward the units and individuals that have made remarkable achievements in legal aid work. Chapter II Objects, Scope and Forms of Legal Aid Article 8 Objects of legal aid:
(1) If a party is unable or completely unable to pay for legal services due to financial difficulties, he may apply for legal aid.
(2) In a criminal case designated by the people's court to defend, the defendant is blind, deaf, dumb or a minor, and no defender has been entrusted; If the defendant may be sentenced to death without entrusting a defender, he shall obtain legal aid.
(3) 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.
The standard of economic difficulties shall be implemented with reference to the minimum living standard stipulated by the provincial people's government. Article 9 The scope of legal aid:
(1) Criminal cases;
(2) Requesting to pay alimony, alimony and alimony;
(3) recourse for pensions, relief funds, social insurance premiums and labor remuneration;
(4) Traffic accidents: victims of medical accidents, industrial accidents or other personal injury accidents request medical expenses and compensation;
(five) the disabled, minors, the elderly and women claim tort compensation;
(6) Cases requesting state compensation;
(seven) matters closely related to personal property that need to be notarized according to law;
(eight) other matters that really need legal aid. Article 10 Forms of legal aid:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal litigation agency;
(3) Acting as an agent in civil and administrative litigation;
(4) Non-litigation legal affairs agency;
(5) notarized certificate;
(6) Other forms of legal services.
The form of legal aid provided by legal aid personnel should be adapted to their professional qualifications. Chapter III Legal Aid Procedures Article 11 Criminal legal aid cases designated by the people's courts to defend according to law shall be accepted by the legal aid institutions at the same level where the people's courts are located.
Cases requiring legal aid, such as civil litigation, administrative litigation and criminal litigation without designated defense, shall be accepted by the legal aid institution at the same level where the people's court with jurisdiction is located.
The application for legal aid for non-litigation legal affairs shall be accepted by the legal aid institution of the applicant's domicile or place of employment.
The applicant applies for legal aid from more than two legal aid institutions, and if there is a dispute between legal aid institutions, the higher legal aid institution with the same name shall designate it for acceptance. Article 12 To apply for legal aid, an application form for legal aid shall be filled in and the following materials shall be submitted:
(1) Resident identity card, household registration certificate or temporary residence permit;
(two) the applicant's unit or township people's government, street offices issued by the applicant and his family's economic status;
(3) Matters for applying for legal aid and relevant certificates and evidential materials;
(four) other materials that the legal aid institution deems necessary.
If the applicant is a person without or with limited capacity for civil conduct, his guardian or legal representative shall apply for it on his behalf. The applicant shall submit the agency qualification certificate and related materials to the legal aid institution. Thirteenth applicants can apply for legal aid directly to legal service institutions. Legal service institutions that meet the conditions of legal aid shall submit a written report to the local legal aid institutions, which shall be determined after examination, except that legal service institutions voluntarily provide legal aid.