Legal analysis
The advantage of legal aid litigation is that it can reduce legal fees. According to the relevant laws and regulations, legal aid refers to a legal guarantee system in which legal aid agencies established by the government organize legal aid personnel to provide legal services to the parties in financial difficulties or special cases. Legal aid is mainly aimed at two kinds of people: the first is that the judicial trial is at an unfair disadvantage because of the inability to hire a defender for economic reasons; The second category is criminal suspects who may be sentenced to death. The biggest advantage of legal aid is that legal aid is a way of reducing fees, and people who receive legal aid can greatly reduce or even enjoy legal help from legal workers for free. Legal aid is a social welfare undertaking to help the poor and protect the legitimate rights and interests of the vulnerable groups in society, and it is also an important measure for China to implement the general plan of governing the country according to law and build a well-off society in an all-round way. Legal aid is the responsibility of the state and the behavior of the government, and it is organized and implemented by the legal aid institutions established by the government. It embodies the obligations of the state and the government to citizens. Applying for legal aid can reduce legal fees and protect vulnerable groups.
legal ground
Article 104 of the Law of People's Republic of China (PRC) on the Protection of Minors, legal aid institutions or public security organs, people's procuratorates, people's courts and judicial administrative departments shall give help to minors who need legal aid or judicial assistance, and provide them with legal aid or judicial assistance according to law. Legal aid institutions shall assign lawyers who are familiar with the physical and mental characteristics of minors to provide legal aid services for minors. Legal aid institutions and lawyers' associations shall guide and train lawyers in handling juvenile legal aid cases.
"Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly" Article 56 If it is really difficult for the elderly to file a lawsuit to pay legal fees because their legitimate rights and interests have been infringed, they may postpone, reduce or exempt them from paying; Legal aid is available to those who need the help of a lawyer but cannot afford it. Encourage law firms, notary offices, grassroots legal services and other legal service institutions to provide free or preferential services for the elderly with financial difficulties.
Article 60 of the Law of the People's Republic of China on the Protection of Disabled Persons has the right to request the relevant departments to handle it according to law, or apply to an arbitration institution for arbitration according to law, or bring a lawsuit to a people's court according to law. The local legal aid institution or the people's court shall give assistance to the disabled who are in financial difficulties or need legal aid or judicial assistance for other reasons, and provide legal aid or judicial assistance according to law.
Article 42 of the Lawyers Law of People's Republic of China (PRC), lawyers and law firms shall perform their legal aid obligations in accordance with state regulations, provide legal services that meet the standards for recipients, and safeguard the legitimate rights and interests of recipients.