The legal service institutions mentioned in these Regulations refer to law firms and grassroots legal service offices; Legal aid workers refer to lawyers and grassroots legal service workers who provide legal aid in accordance with laws, regulations and the provisions of these regulations; The recipient refers to the party who has obtained legal aid. Article 3 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.
Legal aid institutions at all levels are specifically responsible for organizing, guiding and coordinating the legal aid work in their respective jurisdictions. Article 4 The sources of legal aid funds include budgetary allocations and donations accepted according to law.
Legal aid funds shall be used exclusively for legal aid matters, and shall be subject to the supervision of the financial and auditing departments. Fifth relevant organs, units and individuals shall support legal aid institutions and legal aid personnel to carry out legal aid work.
Legal aid personnel shall implement legal aid in accordance with the provisions of laws, regulations and these Regulations, and no unit or individual may interfere. Article 6 Social organizations, other organizations and legal service personnel are encouraged to provide free legal services to parties with financial difficulties or other special difficulties. Chapter II Objects, Scope and Forms of Legal Aid Article 7 If a party with a household registration or temporary residence permit in this province needs legal services to safeguard his legitimate rights and interests, but is unable to pay for legal services due to financial difficulties, he may apply for legal aid.
The standard of economic hardship shall be implemented with reference to the minimum living standard for urban and rural residents stipulated by the local people's governments at or above the county level. Article 8 A party may apply for legal aid for the following matters:
(1) criminal proceedings;
(2) Requesting to pay alimony, alimony and alimony;
(3) requesting the payment of pensions, relief funds, social insurance premiums and labor remuneration;
(four) claims for compensation, compensation and medical expenses for work-related injuries;
(5) Requesting state compensation;
(six) other matters that need to provide legal aid. Article 9 The people's court shall provide legal aid to a party to a criminal case under any of the following circumstances:
(a) the public prosecutor appeared in court for public prosecution, and the defendant did not entrust a defender due to financial difficulties;
(2) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender;
(3) The defendant may be sentenced to death and has not entrusted a defender;
(4) Other circumstances in which the people's court designates the defense according to the provisions. Article 10 A party applying for legal aid may have priority in obtaining legal aid under any of the following circumstances:
(a) the applicant is a disabled person, a minor, the elderly and other special objects;
(2) Requesting to pay alimony, alimony, alimony, pension, relief fund, social insurance, assistive devices for the disabled and labor remuneration. Eleventh legal aid mainly takes the following forms:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal agency;
(3) civil litigation agent;
(four) administrative litigation and administrative reconsideration agency;
(5) An arbitration agent;
(6) Non-litigation legal affairs agency;
(seven) other forms of legal services.
Grassroots legal service workers shall not engage in the legal aid work specified in Item (2) of the preceding paragraph. Chapter III Legal Aid Procedures Article 12 Criminal legal aid cases designated by the people's courts for defense shall be accepted by the legal aid institutions where the people's courts are located.
Applications for legal aid in civil litigation, administrative litigation and criminal litigation without designated defense shall be accepted by the legal aid institutions with jurisdiction of the people's courts.
The application for legal aid for non-litigation legal affairs shall be accepted by the legal aid institution where the applicant has his domicile or work unit.
If the applicant applies for legal aid from other legal aid institutions, the legal aid institution that filed the application shall decide whether to accept it or not according to the situation. Thirteenth applicants can apply for legal aid directly to legal service institutions. Legal service institutions that meet the conditions of legal aid shall report to the local legal aid institutions for examination and confirmation, except that legal service institutions voluntarily provide legal aid.
Legal consultation and drafting of legal documents can be handled directly by legal service institutions. Fourteenth to apply for legal aid, a written application shall be submitted to the legal aid institution, and the following documents and materials shall be submitted:
(1) Resident ID card or other valid identification certificate and household registration certificate or temporary residence permit;
(2) Proof of the economic status of the applicant and his family members issued by the township people's government, sub-district offices or relevant units where the applicant is located;
(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 has no or limited capacity for civil conduct, his guardian or legal representative shall apply on his behalf.