Encourage the society to donate legal aid activities. Enterprises and individuals who donate legal aid activities shall be given tax incentives in accordance with relevant state regulations.
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 3 The judicial administrative department of the province shall be responsible for the supervision and management of the legal aid work in the province.
The judicial administrative departments of cities, counties (districts) and autonomous counties shall be responsible for the supervision and administration of legal aid work within their respective administrative areas.
The lawyers association shall assist in the implementation of legal aid work in accordance with the articles of association of the lawyers association. Article 4 The judicial administrative departments of provinces, cities, counties (districts) and autonomous counties shall establish legal aid institutions according to law.
Legal aid institutions shall perform the following duties:
(1) Accepting and examining applications for legal aid;
(2) Assigning or arranging legal aid personnel to handle legal aid matters;
(three) to undertake the supervision and management of legal aid personnel;
(four) to guide and coordinate social organizations and volunteers to carry out legal aid work. Article 5 Lawyers and grassroots legal service workers shall fulfill their legal aid obligations, undertake legal aid cases and accept the supervision of judicial administrative departments and legal aid institutions. Article 6 Social groups and organizations such as trade unions, the Communist Youth League, women's federations and disabled persons' federations are encouraged to make use of their own resources to provide legal aid to citizens in financial difficulties.
Encourage people with legal expertise in institutions of higher learning and other social organizations to actively participate in legal aid volunteer activities.
Encourage lawyers and other legal professionals to voluntarily provide legal aid to citizens with financial difficulties. Seventh people's governments at or above the county level and their judicial administrative departments shall commend and reward organizations and individuals that have made outstanding contributions in legal aid work. Chapter II Scope and Forms of Legal Aid Article 8 Citizens who have not entrusted an agent may apply for legal aid for the following matters that need to be represented due to economic difficulties:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting 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 act;
(7) Claims for damages caused by industrial accidents, traffic accidents and medical accidents;
(8) Claiming civil rights and interests because of domestic violence, abuse, abandonment and violent interference with freedom of marriage;
(9) Claiming civil rights and interests due to environmental pollution, public health and safety in production;
(ten) the disabled, the elderly and minors claim damages;
(eleven) other matters that the people's governments of provinces, cities, counties and autonomous counties think need assistance. Article 9 In criminal proceedings, citizens may apply for legal aid from legal aid institutions under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) 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 examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties. Article 10 In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to appoint a defender due to financial difficulties or other reasons, and the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid. Eleventh citizens who apply for legal aid meet one of the following conditions, it shall be deemed as financial difficulties:
(a) the minimum living security object, rural five guarantees supporting object or receiving unemployment insurance benefits, no other income;
(2) Social welfare institutions supported by the government;
(3) The township people's government or sub-district office with the domicile or habitual residence proves that the per capita monthly income of the family is lower than the minimum living standard stipulated by the people's government of the city, county or autonomous county.
The people's governments of provinces, cities, counties and autonomous counties may, according to the actual situation in the region, expand the scope of recipients and announce it to the public.
Where the standard of financial hardship of the applicant's domicile is inconsistent with that of the legal aid institution that accepts the application, the standard of financial hardship of the legal aid institution that accepts the application shall prevail. Twelfth main forms of legal aid:
(1) criminal defense and criminal agency;
(2) civil litigation agent;
(3) Administrative litigation agency and administrative reconsideration agency;
(4) Arbitration agents, notarization agents, judicial expertise agents and enforcement agents;
(five) legal advice, drafting legal documents and providing legal advice;
(6) Other forms of legal services.