Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases.
Special case means that according to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant in a criminal case is blind, deaf or dumb, or the minor has not entrusted a defender, or the defendant may be sentenced to death without entrusting a defender, and should receive legal aid.
I legal aid in China has the following characteristics:
1. Legal aid is the responsibility of the state and the behavior of the government, which is organized and implemented by the legal aid agency established by the government. It embodies the obligations of the state and the government to citizens.
2. Legal aid is a legal and institutionalized behavior and an important part of the national social security system.
3 recipients are persons with financial difficulties, the disabled, the weak or special objects designated by the people's court.
4. The legal aid institution shall reduce or exempt the legal service fee for the recipient, and the court shall reduce or exempt the case acceptance fee and other litigation fees for the recipient.
5. The forms of legal aid include both litigation legal services and non-litigation legal services. Mainly take the following forms: criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate.
Two. Conditions for applying for legal aid:
(1) The citizen fails to entrust an agent due to financial difficulties.
(two) the application matters fall within the scope of the legal aid regulations.
(three) to apply for and accept legal aid cases in accordance with the provisions.
Three. Scope of legal aid:
(1) Citizens who have not entrusted an agent due to financial difficulties may apply for legal aid:
1, request state compensation according to law;
2, request to give social insurance benefits or minimum living allowance;
3. Apply for pensions and relief funds;
4. Requesting to pay alimony, alimony and alimony;
5. Requesting payment of labor remuneration;
6. Minors claim damages, and their guardians have financial difficulties;
7. The elderly demand tort compensation;
8 farmers' rights and interests in the transfer of land and forest land are damaged and claim compensation;
9. Request compensation for traffic accident damage;
10, claiming damages for medical accidents;
1 1. Other matters requiring legal aid as stipulated by laws and regulations.
(2) In criminal proceedings, citizens may apply for legal aid 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 close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for review and prosecution;
3. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
(3) Under any of the following circumstances, legal aid shall be provided, and there is no need to conduct a financial investigation on the recipient:
1. The defendant in a public prosecution case is blind, deaf, dumb, a minor, a person who may be sentenced to death, or a defender is not appointed due to financial difficulties, and the people's court appoints a defender for the defendant;
2. Advocating civil rights and interests arising from courageous acts;
3. Disabled people claim tort compensation;
4, farmers' claims for damage to fake and shoddy means of production (fake seeds, fake pesticides, fake fertilizers, fake feed).
5, migrant workers request to pay labor remuneration;
6. Migrant workers request work-related injury treatment;
7, laws and regulations do not review the economic situation of other circumstances.
Four. Where to apply for legal aid:
1. To request state compensation, it shall apply to the legal aid institution where the organ liable for compensation is located;
2, request to give social insurance benefits, minimum living allowance or request to pay pensions and relief funds, to provide social insurance benefits, minimum living allowance or pay pensions and relief funds where the legal aid agencies to apply;
3. Request for payment of alimony, alimony and alimony, and submit an application for payment of alimony, alimony and alimony to the legal aid institution where the obligor is located;
4. Request to pay labor remuneration and apply to the legal aid agency at the domicile of the person who pays labor remuneration;
5. Those who claim the civil rights and interests arising from the courageous act shall apply to the legal aid institution of the respondent's residence;
6. If a disabled person or minor requests tort compensation, he shall apply to the legal aid institution at the place where the compensation obligor resides.
Five, apply for legal aid materials should be submitted:
1, resident ID card, household registration certificate or other valid identification. If the application is made on behalf of others, the certificate of agency shall also be submitted;
2, the township people's government or street offices issued by the proof of economic difficulties;
3. Documents and evidential materials related to the application for legal aid.
VI. Ways to review economic difficulties:
(a) in order to simplify the procedures, the applicant can be regarded as having financial difficulties under any of the following circumstances, and the original certificate shall be reviewed and a copy shall be submitted when applying:
1, people who are enjoying the minimum living allowance. The minimum living guarantee card issued by the government shall prevail;
2, the rural "five guarantees" object. The five guarantees issued by the government shall prevail;
3. Poor family members in rural areas. The certificate of rural poor households issued by the Poverty Alleviation Office shall prevail;
4. People living on pensions. The certificate issued by the relevant unit shall prevail;
5. Social welfare institutions supported by government personnel. The certificate issued by the social welfare institution shall prevail;
6. Persons whose lives are difficult due to force majeure such as natural disasters. The relevant certificates issued by the local government shall prevail;
7, because of economic difficulties unable to safeguard their own interests of reeducation through labor and prison inmates. The certificates provided by reeducation-through-labor institutions and prisoners shall prevail;
8. Other valid certificates issued by the competent department that can directly prove the applicant's economic difficulties (excluding temporary certificates).
(two) to apply for the following legal aid matters, the applicant's financial difficulties can be determined by the proof of economic difficulties issued by the town people's government or the street office, and the original proof of economic difficulties can be submitted when applying:
1. Requesting to pay alimony, alimony and alimony;
2. Minors claim damages, and their guardians have financial difficulties;
3, the elderly claim tort compensation;
4 farmers' rights and interests in the transfer of land and forest land are damaged and claim compensation;
5, rural residents request compensation for traffic accident damage;
6. Request the minimum living guarantee;
7. Ask for pensions and benefits.
Seven, the donee shall enjoy the following rights:
1 to learn about the progress of providing legal aid to them;
2. Require legal aid agencies, legal aid workers and relevant departments to keep the personal information they provide confidential;
3, legal aid personnel do not perform their duties according to law, you can ask the legal aid institutions to be replaced.
Eight, the donee shall perform the following obligations:
1. Provide relevant evidential materials in a timely manner and truthfully state the facts of the case and relevant information;
2, cooperate with legal aid personnel to investigate the facts of the case;
3, when the economic situation or the case changes, should promptly inform the legal aid personnel or legal aid institutions.
Note: The specific requirements are subject to those published by the legal aid center of the jurisdiction, which is similar to this article.
Attachment: Inquiry method of online (regional) legal aid center:
Legal aid websites in different provinces have their own characteristics. Let's give an example: