(adopted at the15th executive meeting in the State Council on July 6, 2003, promulgated by Order No.385 of the State Council of the People's Republic of China o
(adopted at the15th executive meeting in the State Council on July 6, 2003, promulgated by Order No.385 of the State Council of the People's Republic of China on July 26, 2003, and effective as of September 6, 2003).
Chapter I General Principles
Article 1 These Regulations are formulated in order to ensure that citizens with financial difficulties obtain necessary legal services and promote and standardize legal aid work.
Article 2 Citizens who meet the requirements of these Regulations may obtain legal services such as legal consultation, agency and criminal defense free of charge in accordance with these Regulations.
Article 3 Legal aid is the responsibility of the government, and the people's governments at or above the county level shall take active measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid and economy and society.
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 4 The judicial administrative department of the State Council shall supervise and administer the national legal aid work. The judicial administrative departments of local people's governments at or above the county level shall supervise and administer the legal aid work within their respective administrative areas.
All china lawyers association and local lawyers' associations shall, in accordance with the articles of association of the lawyers' associations, assist in the legal aid work implemented in accordance with these regulations.
Article 5 The judicial administrative department of a municipality directly under the central government, a city divided into districts or the people's government at the county level shall determine the legal aid institutions within their respective administrative areas according to needs.
Legal aid institutions are responsible for accepting and examining applications for legal aid, and assigning or arranging personnel to provide legal aid to citizens who meet the requirements of these regulations.
Article 6 Lawyers shall perform their legal aid obligations in accordance with the Lawyers Law and these Regulations, provide legal services that meet the standards for recipients, safeguard the legitimate rights and interests of recipients in accordance with the law, and accept the supervision of lawyers associations and judicial administrative departments.
Article 7 The State encourages the society to donate legal aid activities.
Article 8 The State supports and encourages social organizations such as social organizations and institutions to provide legal aid to citizens in financial difficulties by using their own resources.
Ninth organizations and individuals who have made outstanding contributions in legal aid work shall be commended and rewarded by the relevant people's governments and judicial administrative departments.
Chapter II Scope of Legal Aid
Article 10 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(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 behavior.
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 stipulated 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.
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) 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.
If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
Article 13 The standards of citizens' financial difficulties mentioned in these Regulations shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the needs of economic development and legal aid in their respective administrative regions.
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.
Chapter III Application and Examination of Legal Aid
Article 14 A citizen applying for legal aid for matters listed in Article 10 of these Regulations shall apply in accordance with the following provisions:
(a) to request state compensation and apply to the legal aid institution where the organ liable for compensation is located;
(2) Where a request for social insurance, minimum living allowance, pension or relief fund is made, an application shall be made to the legal aid institution where the organ obligated to provide social insurance, minimum living allowance, pension or relief fund is located;
(3) Where a request for payment of alimony, alimony or alimony is made, an application shall be made to the legal aid institution at the domicile of the obligor who pays alimony, alimony or alimony;
(four) to request payment of labor remuneration, it shall apply to the legal aid institution at the domicile of the person who pays labor remuneration;
(five) to claim the civil rights and interests arising from the courageous act, and to apply to the legal aid institution of the respondent's residence.
Article 15 Where a person listed in Article 11 of these Regulations applies for legal aid, he shall apply to the legal aid institution where the people's court hearing the case is located. The application of a criminal suspect in custody shall be transferred to a legal aid institution within 24 hours by the detention center, and the relevant documents and supporting materials required for applying for legal aid shall be notified by the detention center to the legal representative or close relatives of the applicant for assistance.
Article 16 If the applicant is a person without or with limited capacity for civil conduct, his legal representative shall apply on his behalf.
In a civil lawsuit between a person with no capacity for civil conduct, a person with limited capacity for civil conduct and his legal representative, or in need of legal aid due to other interest disputes, other legal representatives who have no interest in the dispute shall file an application on his behalf.
Seventeenth citizens to apply for legal aid agency, criminal defense shall submit the following documents and materials:
(a) identity card or other valid identification, the agent applicant shall also submit the certificate of agency;
(2) proof of economic difficulties;
(3) Case materials related to the application for legal aid.
The application shall be in written form and fill in the application form; If it is really difficult to apply in writing, you can apply orally, and the staff of the legal aid institution or the staff of the relevant institution that forwarded the application shall make a written record.
Eighteenth legal aid institutions shall review the application for legal aid after receiving it; If the documents and supporting materials submitted by the applicant are incomplete, the applicant may be required to make necessary supplements or explanations. If the applicant fails to supplement or explain as required, the application shall be deemed to be revoked; If the documents and certification materials submitted by the applicant need to be verified, the legal aid institution shall verify them with the relevant organs and units.
To meet the conditions of legal aid, legal aid institutions shall promptly decide to provide legal aid; Do not meet the conditions of legal aid, it shall inform the applicant in writing of the reasons.
Article 19 If an applicant disagrees with the notice made by a legal aid institution that does not meet the conditions for legal aid, he may submit it to the judicial administrative department that determines the legal aid institution, and the judicial administrative department shall conduct an examination within 5 working days from the date of receiving the objection. Upon examination, if the applicant meets the requirements for legal aid, it shall order the legal aid institution in writing to provide legal aid to the applicant in a timely manner.
Chapter IV Implementation of Legal Aid
Article 20 In the case that the people's court appoints the defense, the people's court will serve the notice of the appointed defense and a copy of the indictment or judgment to the local legal aid institution before the court session 10; If the people's court is not in its trial place, it may send a notice of designated defense and a copy of the indictment or judgment to the legal aid institution in the trial place.
Twenty-first legal aid institutions can assign law firms to arrange lawyers or arrange their own staff to handle legal aid cases; According to the requirements of other social organizations, they can also arrange their subordinates to handle legal aid cases. For a case designated by the people's court to defend, the legal aid institution shall reply the confirmed list of contractors to the designated people's court 3 days before the court session.
Twenty-second personnel handling legal aid cases shall abide by professional ethics and practice discipline, and shall not collect any property when providing legal aid.
Twenty-third persons handling legal aid cases shall report to the legal aid institution in any of the following circumstances, and the legal aid institution shall terminate the legal aid after examination and verification:
(a) the recipient's economic income changes and no longer meets the conditions for legal aid;
(2) The trial of the case has been concluded or revoked;
(3) The donee entrusts a lawyer or other agent by himself;
(four) the recipient requests the termination of legal aid.
Twenty-fourth lawyers assigned to handle legal aid cases or social organization personnel assigned to handle legal aid cases shall submit copies or photocopies of relevant legal documents and closing reports and other materials to legal aid institutions at the time of closing the case.
After receiving the closing materials specified in the preceding paragraph, legal aid institutions shall pay legal aid handling subsidies to lawyers assigned to handle legal aid cases or social organization personnel who accept arrangements for handling legal aid cases.
The subsidy standards for handling legal aid cases shall be determined by the judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the financial departments at the same level according to the local economic development level and with reference to the average cost of handling various legal aid cases by legal aid institutions and other factors, and may be adjusted as needed.
Twenty-fifth legal aid institutions shall immediately handle the legal advisory services applied by citizens; Complex and difficult, you can make an appointment at the right time.
Chapter V Legal Liability
Twenty-sixth legal aid institutions and their staff in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(a) to provide legal aid to those who do not meet the conditions of legal aid, or to refuse to provide legal aid to those who meet the conditions of legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(four) embezzlement and misappropriation of legal aid funds.
The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 27 If a law firm refuses to be appointed by a legal aid agency or arranges its lawyers to handle legal aid cases, the judicial administrative department shall give it a warning and order it to make corrections; If the circumstances are serious, a penalty of 1 month or more and 3 months or less shall be imposed.
Twenty-eighth lawyers in any of the following circumstances, given a warning by the judicial administrative department, ordered to make corrections; If the circumstances are serious, the punishment of stopping practicing for more than two months and less than three months shall be given:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Twenty-ninth lawyers who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Lawyers Law.
Thirtieth judicial administrative staff in the supervision and management of legal aid, abuse their powers, neglect their duties, engage in malpractices for selfish ends, shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 31 These Regulations shall come into force on September 1 2003.
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Regulations on Detention Facilities (Excerpt)
(Adopted at the the State Council192nd executive meeting on February 5, 20 12, promulgated by the State Council Decree No.6 14 on February 23, 20 12, and effective as of April 12).
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Article 26 A detention center guarantees the right of detainees to meet during their detention. Detainees shall abide by the regulations on the meeting management of detention centers.
Meeting with detainees shall be conducted at the meeting area of the detention center within the specified time with valid identity documents.
When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
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three
Regulations on employment of disabled persons
(excerpt)
(adopted at the 1 69th executive meeting in the State Council on February 4, 2007, promulgated by People's Republic of China (PRC) Decree No.488 on February 25, 2007, and effective as of May12007).
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Twenty-fourth disabled workers and employers in the event of a dispute, the local legal aid institutions shall provide legal aid, and disabled persons' federations at all levels shall give support and help.
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four
Measures for Payment of Litigation Fees (Excerpt)
(adopted at the the State Council 1 59th executive meeting on February 8, 2006, and adopted by the State Council Decree No.48 1 on June 65438+February 9, 2006, which will take effect on April12007).
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Article 47 The people's court shall grant an application for judicial assistance under any of the following circumstances:
Deferred litigation fee:
Turn to social insurance and economic compensation;
(2) Victims of maritime accidents, traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;
(three) is receiving legal aid from the relevant departments;
(four) other circumstances that really need to be postponed.
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five
Regulations on Letters and Visits (Excerpt)
(the State Council Decree No.43 1 of June 5438+0, 2005 was adopted at the 76th executive meeting of the State Council on June 5, 2005, and it will be implemented as of May1.
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Thirteenth districts of the city and county people's government may, according to the actual needs of the petition work, establish a government-led working mechanism that is conducive to the rapid settlement of disputes.
The petition work organization shall organize relevant social organizations, legal aid institutions, relevant professionals and social volunteers to participate in the petition work, and handle the petitioner's petition request in a timely and reasonable manner according to law by means of consultation, education, consultation, mediation and hearing.
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six
Measures for the Implementation of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC) (Excerpt)
(Adopted at the 53rd executive meeting of the State Council on June 4, 2004, promulgated by Decree No.4 1 0 of the State Council on June 23, 2004, and implemented as No.41in July 2004).
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Article 27 When the lawful rights and interests of returned overseas Chinese and their relatives are infringed upon, they have the right to request the relevant competent departments to deal with them according to law, or bring a lawsuit to the people's court. For returned overseas Chinese and their relatives who are in financial difficulties, local legal aid institutions shall provide them with legal aid according to law. Federation of Returned Overseas Chinese at all levels shall give support and help.
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seven
Provisional Regulations on Residence Permit (Excerpt)
(adopted at the 109th executive meeting in the State Council on109, 2005, and shall come into force on102/06, 2005).
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Twelfth residence permit holders enjoy employment, social insurance, housing provident fund deposit, withdrawal and use rights in accordance with the law. The people's governments at or above the county level and their relevant departments shall provide the following basic public services for the holders of residence permits:
(1) compulsory education;
(2) Basic public employment services;
(3) Basic public health services and family planning services;
(4) Public cultural and sports services;
(5) Legal aid and other legal services;
(six) other basic public services as prescribed by the state.
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