Article 3 of the Regulations on Legal Aid stipulates that legal aid is the responsibility of the government, and the people's governments at or above the county level shall take active measures to promote legal aid, provide financial support for legal aid, and ensure the coordinated development of legal aid and economy and society. The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments. Article 22 stipulates that persons handling legal aid cases shall abide by professional ethics and practice discipline, and shall not collect any property when providing legal aid.
Article 23 of the Measures for the Administration of Lawyers' Service Fees stipulates that law firms accept assignments to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases. For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee.
Legal aid is the responsibility of the government, including the government providing the necessary institutions and teams for the development of legal aid and providing the necessary funds; It also includes that the government should fully mobilize the enthusiasm of lawyers, social organizations and other parties, extensively open up funding channels, and encourage all parties to provide support for legal aid. This also clearly shows that the government is the main sponsor of this cause. As long as the target of legal aid is determined, all the funds for legal aid shall be borne by the government.
What are the requirements for applying for legal aid?
Citizens' access to legal aid generally needs to meet the standards and scope of financial difficulties in legal aid.
1. Economic difficulties: At present, the specific standard for financial difficulties in legal aid in this city is that the per capita monthly income of the applicant's family is lower than the per capita disposable income standard of low-income families in urban and rural areas in this city (specifically, according to the per capita disposable income standard of low-income families in this city recently published by the Municipal Bureau of Statistics).
2 matters applying for legal aid belong to the following matters:
(1) Request state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) requesting the payment of pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior;
(seven) claim rights due to labor disputes;
(8) Party B suffers damage and claims rights during the signing, performance, alteration, dissolution and termination of the labor contract;
(nine) claims for personal injury caused by work-related injuries, traffic accidents and medical accidents;
(10) Claim for medical disputes;
(1 1) claiming rights due to domestic violence, abuse or abandonment, which damages the legitimate rights and interests;
(12) claim for personal injury caused by eating toxic and harmful food;
(13) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or taking compulsory measures;
(14) 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 review and prosecution;
(15) Since the people's court accepted the case, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
How long does it take to apply for legal aid?
The legal aid institution shall review its application within 15 days from the date of acceptance. According to the specific circumstances of the case or event, the legal aid institution may appropriately extend the time for examining the application, but the extension time shall not exceed 10 days at most.
If the applicant disagrees with the decision made by the legal aid institution not to grant legal aid, he may submit it to the judicial administrative department that determines the legal aid institution. The people's government at the same level will make a deliberation decision within 15 days from the date of receiving the application for reconsideration, and notify the applicant and the legal aid institution in writing.
Article 34 of the Regulations on Legal Aid A legal aid institution shall conduct an examination within 15 days from the date of accepting the application, and make a decision on whether to grant legal aid.