1. Is there a charge for applying for legal aid?
The legal aid center is free.
The legal aid center is the official name of the government's legal aid institutions, and the judicial administrative departments of the people's governments of municipalities directly under the central government, cities divided into districts and counties determine the legal aid institutions within their respective administrative areas according to their needs.
It is a legal service institution established by the state to provide free legal services for vulnerable groups who need legal services but are unable to hire lawyers due to economic difficulties, and specific personnel who need legal aid according to the law but have not hired lawyers themselves (such as those who may be sentenced to life imprisonment or death penalty in criminal cases, juvenile offenders, etc.). ).
Second, the necessity and significance of non-litigation legal aid
Non-litigation legal aid plays a great role in resolving social contradictions, because it has incomparable advantages over litigation legal aid:
(1) Non-litigation legal aid has wider social involvement.
At present, only lawyers and legal workers participate in legal aid in civil cases, and the staff involved in non-litigation legal aid include not only lawyers and legal workers, but also grassroots legal aid workstation staff and legal aid volunteers.
(2) Non-litigation legal aid can handle cases quickly, efficiently and timely.
Providing legal aid by litigation often leads to problems such as high cost, long time, difficult implementation and low efficiency. Some legal aid cases, such as simple labor dispute cases, often take a long time if they go through labor arbitration, court first instance, second instance and execution. Some cases of personal injury, if not handled in time, may also have adverse consequences.
(3) Non-litigation legal aid can reduce the burden of litigation, save judicial resources and protect the legitimate rights and interests of recipients.
For the donee, it is legally guaranteed to go through litigation after a dispute, but the lengthy litigation procedure will bring "secondary harm" to the donee. Moreover, with the increase of litigation cases year by year, more and more cases are accepted by the courts and arbitration committees. The backlog of cases and the delay in litigation and arbitration have become unavoidable problems for the courts and arbitration committees, which is bound to be detrimental to the rights protection of the respondents. Providing non-litigation legal aid can not only meet the needs of the recipients, but also greatly reduce the workload of the aid center. Ordinary civil disputes can be resolved through non-litigation mediation, which not only helps to protect the legitimate rights and interests of the people who accept the case in time, but also saves judicial resources and reduces litigation costs.
"Legal Aid Regulations" Article 14 A citizen applying for legal aid on matters listed in Article 10 of these regulations shall submit it 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.
The staff of these legal aid institutions are more familiar with the various legal systems of the country than ordinary people, so as staff, they generally do not understand the law and violate the law. Of course, there are also very few lawyers working in legal aid institutions who have no professional ethics and will directly or indirectly charge the disadvantaged groups who apply for legal aid. In this case, they can report directly to the local judicial department.