Yes, legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. A special case refers to a case in which the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender in accordance with the provisions of the second and third paragraphs of Article 34 of the Criminal Procedure Law of People's Republic of China (PRC). People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend them. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
second, can I apply for legal aid in medical malpractice litigation?
it's just a medical malpractice lawsuit, and it's impossible to determine whether you can apply for legal aid, but it belongs to the situation stipulated in Article 1 of the Legal Aid Regulations, and the parties can apply for legal aid according to law to safeguard their legitimate rights and interests.
related regulations: legal aid regulations
Article 1 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply for legal aid from legal aid institutions:
(1) Request state compensation according to law;
(2) requesting social insurance benefits or minimum living security benefits;
(3) requesting pensions and relief funds;
(4) requesting the payment of alimony, alimony and alimony;
(5) requesting payment of labor remuneration;
(6) to advocate the civil rights and interests arising from the courageous acts.
the people's governments of provinces, autonomous regions and municipalities directly under the central government may make supplementary provisions on legal aid matters other than those specified in the preceding paragraph.
citizens may apply to legal aid institutions for legal advice on matters specified in the first and second paragraphs of this article.
how do patients handle medical disputes?
(1) Save evidence and copy hospitalization medical records, including hospitalization logs, temperature sheets, doctor's orders, laboratory sheets, imaging examination materials, discharge records, etc. It is required to timely seal up the course records, consultation records or physical materials that cannot be copied according to the regulations of the Ministry of Health. If there is any objection to the patient's death, an autopsy should be conducted within the specified time.
(2) If the parties voluntarily negotiate with the medical institution to resolve the dispute over medical malpractice compensation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and both parties shall sign the agreement.
(3) Apply for mediation to the health administrative department where the medical institution is located. If the two parties reach an agreement on the amount of compensation through mediation, a conciliation statement shall be made and both parties shall perform it; If mediation fails or one party reneges, the health administrative department will no longer mediate.
(4) If the parties who directly bring a civil lawsuit to the people's court are unwilling to negotiate or fail to negotiate, they may directly bring a civil lawsuit to the people's court with jurisdiction. If a party does not seek medical treatment in a regular medical institution and causes personal injury, it does not belong to the scope of medical accidents, and can directly report the case to the public security organ, so the victim can directly file a lawsuit with the people's court and demand relevant compensation.
the applicable laws and regulations for medical dispute compensation include civil law, civil code, regulations on handling medical accidents, etc. The compensation items mainly include:
1. Medical expenses;
2. Lost time;
3. Hospitalization food allowance; 4 escort fee;
5. Disability living allowance;
6. Disability appliance fee;
7. funeral expenses;
8. Living expenses of the dependents;
9. Transportation expenses;
1, accommodation fee;
11, spiritual consolation money.
Third, can I apply for legal aid for criminal detention?
according to the regulations on legal aid, if a party cannot entrust a defender due to financial difficulties after being detained in criminal detention, he may apply for legal aid.
Regulations on Legal Aid
Article 11 In criminal proceedings, a citizen may apply for legal aid from a legal aid institution under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after the first interrogation by the investigation organ or the date when compulsory measures are taken;
(2) The victim of a public prosecution case and his legal representative or near relative have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(3) 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 12 in a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust 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.
what materials should I bring to apply for legal aid?
1. to which legal aid institution should the applicant apply?
Legal aid cases should follow the following principles:
(1) Criminal, civil and administrative litigation cases that have been filed shall be accepted by the legal aid center at the same level where the people's court with jurisdiction is located;
(2) Non-litigation legal affairs that do not need to be solved by the court shall be accepted by the legal aid center where the applicant is located or where the work unit is located;
(3) If two or more legal aid centers have jurisdiction over the same case, the legal aid center that first accepted the application shall have jurisdiction.
2. What materials should I bring to apply for legal aid?
Applicants should submit the following materials at the same time when applying:
(1) Resident ID card, household registration certificate or temporary residence permit;
(2) the economic status certificate of the applicant and his family members issued by the street (township), the labor department and relevant units;
(3) the basic situation of applying for assistance and relevant case materials;
(4) Notice of filing a case by the court or arbitration institution;
(5) other materials required by the legal aid center. If the applicant is a minor or a person with no capacity for conduct, his guardian shall apply on his behalf and submit the qualification certificate of agency.
I hope the above contents can help you. Please consult a professional lawyer if you have any other questions.
legal basis: article 184th of the civil code of People's Republic of China (PRC).
the relationship between parents and children is not eliminated by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
after divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children.
children over the age of eight should respect their true wishes.