First, the main body of legal aid is lawyers, notaries, grassroots legal workers and other legal service personnel, and the main body of judicial assistance is the people's court.
Second, legal aid occurs in all litigation activities such as criminal, civil and administrative litigation, while judicial assistance only occurs in civil and administrative litigation.
Third, legal aid reduces legal service fees, and judicial assistance reduces legal fees, which are state property funds. Legal relief is relative to non-legal relief. Self-help (self-defense, emergency avoidance), public relief (administrative relief, disaster relief, emergency relief) and other non-legal relief methods. The obvious legal remedies are litigation and arbitration.
Legal aid refers to a legal system established by the state to ensure that citizens enjoy equal and fair legal protection, improve the social legal security system, and provide legal services to the parties in financial difficulties or special cases. Due to financial difficulties, the parties may apply to the local legal aid center for free lawyer services.
Judicial assistance is a judicial guarantee system for people's courts to postpone or reduce litigation costs for parties who have sufficient reasons to prove that their legitimate rights and interests have been infringed, but who do have financial difficulties. The application for judicial assistance shall be handled in court. The main differences between them are: the scope of judicial assistance is limited to civil and administrative litigation, and the scope of legal aid is criminal, civil and commercial, administrative litigation and non-litigation mediation; Judicial assistance is to reduce the legal fees of litigation cases, and legal aid is to reduce the legal service fees.
China citizens must meet two conditions to receive assistance:
1. There are sufficient reasons to prove that you need legal help to safeguard your legitimate rights and interests;
2, in line with the minimum living security line or unemployment relief standards stipulated by the local government, or can provide proof that its economic conditions are particularly difficult. In criminal proceedings, the defendant may be sentenced to death or be a minor, blind, deaf or dumb, and if he has not entrusted a defense lawyer, he shall receive legal aid. The specific forms of legal aid include consultation, mediation, criminal defense and litigation agency, non-litigation agency and notarization. The legal aid institution shall complete the examination within 10 days from the date of receiving the application for legal aid, make a decision on whether to grant legal aid, and notify the applicant. Legal aid institutions shall, within 3 days from the date of receiving the designation, assign lawyers to defend criminal legal aid cases designated by the people's courts.
Application for judicial assistance:
(1) claim alimony, maintenance, nursing and pension;
(2) the elderly, orphans and rural "five guarantees";
(3) Disabled persons without a fixed source of livelihood and people suffering from serious diseases;
(four) the object of special care and resettlement as stipulated by the state;
(five) the recourse of social insurance, labor remuneration and economic compensation;
(6) Victims of traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;
(seven) because of the courageous behavior or to protect the public interests, I or my close relatives demand compensation or economic compensation;
(8) Migrant workers claim compensation for their labor remuneration or other legitimate rights and interests;
(nine) enjoy the minimum living guarantee for urban residents, rural poor relief or unemployment insurance benefits and no other income;
(10) Life is difficult due to force majeure such as natural disasters, and social relief is received, or family production and operation are unsustainable;
(1 1) sue an administrative organ for illegally demanding farmers to fulfill their obligations;
(12) is receiving legal aid from relevant departments;
(13) The parties involved are social welfare institutions, nursing homes, special care hospitals, mental hospitals, SOS children's villages, social assistance stations, special education institutions and other social welfare units;
(14) Other circumstances that really require judicial assistance.
Legal basis:
Article 4 of the Provisions on Giving Judicial Assistance to Parties with Real Economic Difficulties
If a party requests the people's court to provide judicial assistance, it shall submit a written application and sufficient proof materials to prove its financial difficulties at the time of prosecution or appeal. Among them, those who apply for judicial assistance because of living difficulties or recourse to basic living expenses shall provide proof that their economic situation meets the standards of citizens' economic difficulties stipulated by the local civil affairs, labor and social security departments. If the people's court's request for judicial assistance meets the prescribed conditions after examination, it shall decide to postpone, reduce or exempt the litigation fees in accordance with the provisions.