Regulations of Ningxia Hui Autonomous Region on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) and the Regulations on Legal Aid of the State Council, taking into account the actual situation of the autonomous region, in order to ensure that citizens with financial difficulties and parties to special cases obtain necessary legal services and promote and standardize legal aid work. Article 2 These Regulations shall apply to providing free legal aid services to citizens with financial difficulties or parties to special cases within the administrative area of the autonomous region. Article 3 The term "legal aid" as mentioned in these Regulations refers to the legal aid institutions determined by the judicial administrative department of the people's government at or above the county level, and organizes legal service institutions and legal aid personnel to provide free legal services such as legal consultation, agency and criminal defense for citizens with financial difficulties or parties to special cases. Article 4 Legal aid is the responsibility of the government. The people's governments at or above the county level shall take measures to promote the work of legal aid, and incorporate the funds for legal aid into the fiscal budget at the corresponding level to ensure the coordinated development of legal aid and the local economy and society.

Autonomous region finance set up a special grant fund for legal aid to subsidize cities and counties (cities, districts) with economic difficulties. Encourage social organizations and individuals to donate legal aid.

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 5 The judicial administrative departments of the people's governments at or above the county level shall supervise and manage the legal aid work within their respective administrative areas, and the legal aid institutions designated by them shall be specifically responsible for accepting and examining applications for legal aid, and assigning or arranging legal aid institutions or legal aid personnel to provide legal aid work for the recipients. Article 6 State organs, enterprises, institutions, social organizations and other organizations shall support and cooperate with legal aid institutions and legal aid personnel in carrying out legal aid.

Support and encourage social organizations, institutions and other organizations to use their own resources to provide legal aid to citizens with financial difficulties.

Support and encourage people with legal professional knowledge and expertise to register as legal aid volunteers and provide legal aid to citizens with financial difficulties. Seventh legal aid personnel to carry out legal aid activities according to law are protected by law.

Legal aid personnel shall provide legal aid that meets the standards for the recipient, safeguard the legitimate rights and interests of the recipient according to law, and accept the supervision of the judicial administrative department.

Organizations and individuals that have made outstanding contributions in legal aid work shall be commended and rewarded by the people's governments at or above the county level or the judicial administrative departments. Chapter II Forms, Objects and Scope of Legal Aid Article 8 The main forms of legal aid are:

(1) criminal defense and criminal agency;

(2) civil litigation agent;

(three) administrative litigation and administrative reconsideration agency;

(4) An arbitration agent;

(5) Non-litigation legal affairs agency;

(six) for notarization;

(seven) to answer legal advice and draft legal documents;

(eight) other forms of legal aid. Article 9 Under any of the following circumstances, citizens with financial difficulties may apply for legal aid:

(a) no other income, is enjoying the minimum living guarantee for urban residents or unemployment insurance;

(two) in line with the rural minimum living standard;

(3) Personnel of social welfare institutions supported by the government;

(four) the elderly, orphans and rural "five guarantees";

(5) Persons with disabilities who have no fixed source of livelihood or suffer from serious diseases;

(6) Other circumstances in which legal aid is really needed due to economic difficulties.

The standard of citizens' financial difficulties shall be determined by the people's government of the autonomous region according to the minimum living standard for urban and rural residents.

If it is really necessary to expand the scope of recipients, the people's government of the autonomous region may adjust the standard of economic difficulties for citizens to obtain legal aid according to the actual situation. Tenth citizens have one of the following matters, need to entrust an agent, but because of economic difficulties did not entrust an agent, you can apply to the legal aid institutions for legal aid:

(1) Requesting state compensation;

(2) Requesting social insurance benefits or minimum living security benefits;

(3) Requesting pensions and relief funds;

(4) Requesting to pay alimony, child care and alimony;

(5) Requesting payment of labor remuneration or economic compensation;

(6) claiming compensation for personal and property damage caused by traffic accidents, industrial accidents, medical accidents, product quality accidents or other accidents;

(seven) due to the use of fake and inferior fertilizers, pesticides, seeds, agricultural plastic films, agricultural machinery and tools, or losses and other losses caused by pollution, claim compensation;

(eight) migrant workers to recover labor remuneration or other legitimate rights and interests are infringed and claim compensation;

(nine) other matters that really need to apply for legal aid. Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:

(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) the private prosecutor, the defendant and his legal representative in a private prosecution case have not entrusted an agent due to financial difficulties.