Legal analysis
Legal aid litigation is reliable and legal services are provided by professional lawyers. Legal aid refers to the legal aid institution established by the government, which organizes legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. For example, under special circumstances, if the defendant is blind, deaf, mentally ill, underage, etc. , and did not entrust a defender, or the defendant may be sentenced to death without hiring a defender, at this time should get legal aid. The legal aid center is the legal aid provided by the state for the disadvantaged groups and lawyers who can't afford to go to court. According to the regulations, lawyers should fulfill their duties and strive for the rights and interests of the parties. But objectively speaking, aid lawyers are mostly assigned tasks, and there are certain differences between them in trying to obtain evidence, represent or defend, which does not rule out the negative treatment of some lawyers. From this, we can find that under the above circumstances, the disadvantaged party will not be able to safeguard their rights and interests in a general way, whether because of economic weakness or other weaknesses. At this time, the state needs to use its rights to give some help to these people and safeguard their rights and interests according to law.
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.
Article 36 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Legal aid institutions may send lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases. The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.