The municipal, district and county people's governments shall include the funds needed for legal aid work in the fiscal budget at the same level, and gradually increase with the development of the national economy. Article 3 The judicial administrative departments of cities, districts and counties shall be responsible for the supervision and administration of legal aid within their respective administrative areas.
According to the articles of association of the Lawyers Association, the Municipal Lawyers Association shall assist in the legal aid work implemented in accordance with the Regulations of the State Council Municipality on Legal Aid and these Provisions. Article 4 The legal aid institutions designated by the judicial administrative department shall organize and implement the legal aid work within their respective administrative areas, and perform the following duties:
(1) Accepting and examining individual citizens' applications for legal aid;
(2) Accepting criminal defense cases designated by the people's courts;
(3) assigning or arranging personnel to provide legal aid;
(four) to supervise and inspect the handling of legal aid matters;
(five) the management and use of legal aid funds;
(six) to accept and use social donations to legal aid activities according to law. Article 5 Citizens with any of the following financial difficulties may obtain free legal aid:
(a) to receive the minimum living allowance;
(2) Social welfare institutions supported by the government;
(3) rural five-guarantee households;
(four) due to disability, serious illness, natural disasters or other reasons caused by economic difficulties, is receiving state relief;
(five) the actual living standard is lower than the minimum living standard stipulated by the people's government of a township or town or the street office. Article 6 A citizen may apply for legal aid from a legal aid institution by himself or through an agent in accordance with the Regulations on Legal Aid of the State Council and these Provisions. Article 7 A legal aid institution shall make a decision on whether to grant legal aid within seven days from the date of receiving the application materials, and inform the applicant in writing; Where it is decided to provide legal aid, the institutions and personnel undertaking legal aid shall be specified in the written notice. Article 8 Under any of the following circumstances, legal aid institutions may provide legal aid in advance:
(a) the statutory limitation is about to expire, and it is necessary to bring a lawsuit within the statutory time limit;
(two) the need to immediately apply for preservation measures;
(3) Other emergencies.
The legal aid institution shall timely review the matters of providing legal aid in advance; Legal aid shall be terminated if it fails to meet the conditions for legal aid after examination. Article 9 Legal aid personnel shall bind copies of legal documents, closing reports and other relevant materials into volumes and submit them to legal aid institutions within 15 days after closing the case. Legal aid institutions shall pay subsidies for handling cases to legal aid personnel in accordance with the prescribed standards.
The subsidy standard for handling legal aid shall be approved by the municipal judicial administrative department in conjunction with the municipal finance department. Tenth recipients enjoy the following rights in the process of legal aid:
(a) to understand the handling of legal aid matters;
(two) there are facts that prove that legal aid personnel do not perform their duties according to law, and may require legal aid institutions to replace legal aid personnel. Eleventh in the process of receiving legal aid, the recipient shall truthfully state the facts of the case, provide relevant evidence or materials, and assist legal aid personnel in handling the case.
If the recipient refuses the legal aid personnel assigned or arranged by the legal aid institution without justifiable reasons, he may not apply for legal aid again for the same matter. Article 12 If the recipient conceals the facts and provides perjury, the legal aid institution has the right to terminate the legal aid according to law, and can recover the corresponding legal aid fees that should be paid from the recipient. Thirteenth legal aid institutions and legal aid personnel shall perform the following obligations:
(a) to safeguard the legitimate rights and interests of the recipient according to law;
(two) shall not refuse, delay or terminate the legal aid work without justifiable reasons;
(three) keep state secrets and commercial secrets, and shall not disclose the privacy of the recipient;
(four) shall not use legal aid to seek illegitimate interests;
(five) to inform the recipient of the progress of legal aid matters;
(six) to provide legal aid shall not collect any property. Fourteenth judicial administrative departments, legal aid institutions and their staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 15 These Provisions shall come into force on June 1 1 2004.