Chapter I General Provisions
Article 1 In order to ensure that citizens with financial difficulties and parties to special cases obtain necessary legal services, and to promote and standardize legal aid work, these Regulations are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) and the Legal Aid Regulations of the State Council, combined with the actual situation of the autonomous region.
Article 2 These Regulations shall apply to providing free legal aid services to citizens with financial difficulties or parties to special cases within the administrative area of the autonomous region.
Article 3 The term "legal aid" as mentioned in these Regulations refers to the legal aid institutions determined by the judicial administrative department of the people's government at or above the county level, and organizes legal service institutions and legal aid personnel to provide free legal services such as legal consultation, agency and criminal defense for citizens with financial difficulties or parties to special cases.
Article 4 Legal aid is the responsibility of the government. The people's governments at or above the county level shall take measures to promote the work of legal aid, and incorporate the funds for legal aid into the fiscal budget at the corresponding level to ensure the coordinated development of legal aid and the local economy and society.
Autonomous region finance set up a special grant fund for legal aid to subsidize cities and counties (cities, districts) with economic difficulties. Encourage social organizations and individuals to donate legal aid.
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 5 The judicial administrative departments of the people's governments at or above the county level shall supervise and manage the legal aid work within their respective administrative areas, and the legal aid institutions designated by them shall be specifically responsible for accepting and examining applications for legal aid, and assigning or arranging legal aid institutions or legal aid personnel to provide legal aid work for the recipients.
Article 6 State organs, enterprises, institutions, social organizations and other organizations shall support and cooperate with legal aid institutions and legal aid personnel in carrying out legal aid.
Support and encourage social organizations, institutions and other organizations to use their own resources to provide legal aid to citizens with financial difficulties.
Support and encourage people with legal professional knowledge and expertise to register as legal aid volunteers and provide legal aid to citizens with financial difficulties.
Seventh legal aid personnel to carry out legal aid activities according to law are protected by law.
Legal aid personnel shall provide legal aid that meets the standards for the recipient, safeguard the legitimate rights and interests of the recipient according to law, and accept the supervision of the judicial administrative department.
Organizations and individuals that have made outstanding contributions in legal aid work shall be commended and rewarded by the people's governments at or above the county level or the judicial administrative departments.
Chapter II Forms, Objects and Scope of Legal Aid
Article 8 The main forms of legal aid are:
(1) criminal defense and criminal agency;
(2) civil litigation agent;
(three) administrative litigation and administrative reconsideration agency;
(4) An arbitration agent;
(5) Non-litigation legal affairs agency;
(six) for notarization;
(seven) to answer legal advice and draft legal documents;
(eight) other forms of legal aid.
Article 9 Under any of the following circumstances, citizens with financial difficulties may apply for legal aid:
(a) no other income, is enjoying the minimum living guarantee for urban residents or unemployment insurance;
(two) in line with the rural minimum living standard;
(3) Personnel of social welfare institutions supported by the government;
(four) the elderly, orphans and rural "five guarantees";
(5) Persons with disabilities who have no fixed source of livelihood or suffer from serious diseases;
(6) Other circumstances in which legal aid is really needed due to economic difficulties.
The standard of citizens' financial difficulties shall be determined by the people's government of the autonomous region according to the minimum living standard for urban and rural residents.
If it is really necessary to expand the scope of recipients, the people's government of the autonomous region may adjust the standard of economic difficulties for citizens to obtain legal aid according to the actual situation.
Tenth citizens have one of the following matters, need to entrust an agent, but because of economic difficulties did not entrust an agent, you can apply to the legal aid institutions for legal aid:
(1) Requesting state compensation;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, child care and alimony;
(5) Requesting payment of labor remuneration or economic compensation;
(6) claiming compensation for personal and property damage caused by traffic accidents, industrial accidents, medical accidents, product quality accidents or other accidents;
(seven) due to the use of fake and inferior fertilizers, pesticides, seeds, agricultural plastic films, agricultural machinery and tools, or losses and other losses caused by pollution, claim compensation;
(eight) migrant workers to recover labor remuneration or other legitimate rights and interests are infringed and claim compensation;
(nine) other matters that really need to apply for legal aid.
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) the private prosecutor, the defendant and his legal representative in a private prosecution case have not entrusted an agent due to financial difficulties.
Twelfth in any of the following circumstances, legal aid institutions shall provide legal aid to citizens, without the need for financial difficulties review:
(a) the defendant is blind, deaf, dumb or a minor, and the people's court has appointed a defender for him;
(two) the defendant may be sentenced to death, and the people's court has appointed a defender for him;
(3) Claiming civil rights and interests arising from acts of being courageous or protecting public interests.
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.
Chapter III Application and Acceptance of Legal Aid
Thirteenth non designated legal aid institutions for criminal defense and litigation, the applicant shall apply to the legal aid institutions identified by the judicial administrative department at the same level of the people's court with jurisdiction.
For legal aid for non-litigation matters, the applicant shall apply to the legal aid institution at his domicile, the place where the accident occurred or the place where the dispute settlement institution is located. Unless otherwise stipulated by the state, such provisions shall prevail.
Article 14 When applying for legal aid such as agency and criminal defense, citizens shall provide the following documents and materials to legal aid institutions:
(1) Identity card, household registration book or other legal and valid identification;
(2) A certificate of the applicant and his family's financial difficulties issued by the township (town) people's government, neighborhood offices or relevant administrative departments, or a certificate of minimum living guarantee for rural villagers, a certificate of relief for rural poor victims, and a certificate of minimum living guarantee for urban residents issued by the county (city, district) civil affairs department;
(3) materials related to the application for legal aid.
Legal aid institutions shall immediately handle legal aid matters such as legal consultation.
Fifteenth legal aid institutions shall, within five working days from the date of receiving the citizen's application, make a review and deal with it according to the following circumstances:
(a) the request belongs to the scope of legal aid, and the legal aid institution shall issue a written decision on acceptance;
(2) 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;
(three) if the request of the legal aid institution is not accepted, it shall inform the applicant in writing to submit it to the legal aid institution that has the responsibility to accept it;
(four) do not meet the conditions of legal aid or the request does not belong to the scope of legal aid, it shall inform the applicant in writing of the reasons for not accepting it.
If the applicant disagrees with the handling made by the legal aid institution in accordance with the provisions of Items (2), (3) and (4) of the preceding paragraph, he may request the legal aid institution to re-examine, or directly submit it to the judicial administrative department that determines the legal aid institution, and the judicial administrative department shall conduct the review within five working days from the date of receiving the objection application. Upon examination, if the applicant meets the conditions for legal aid, the legal aid institution shall be ordered to provide legal aid to the applicant in a timely manner.
Article 16 If it is proved by facts that an applicant has difficulty in applying for legal aid in a prescribed legal aid institution, he may apply to the judicial administrative department that determines the legal aid institution, and the judicial administrative department that determines the legal aid institution shall coordinate and solve it.
Seventeenth legal aid institutions shall publicize the matters, conditions, procedures and deadlines of legal aid in the office, as well as the catalogue of application materials and the application model text.
Where the applicant requests the legal aid institution to explain and explain the contents of the publicity, the legal aid institution shall provide accurate and complete information at one time.
Eighteenth applicants believe that the staff of legal aid institutions have an interest in the application, or are the parties or close relatives of the application, or have other relationships that may affect the fair handling of legal aid matters, and have the right to apply for withdrawal; If the staff of a legal aid institution thinks that they have an interest or other relationship with the application, they shall apply for withdrawal on their own.
The withdrawal of the staff of the legal aid institution shall be decided by the legal aid institution; The withdrawal of the person in charge of a legal aid institution shall be decided by the competent judicial administrative department.
Chapter IV Implementation of Legal Aid
Article 19 If a legal aid institution decides to grant legal aid, it shall designate a legal service institution or arrange its personnel to provide legal aid within two working days from the date of accepting the application, and notify the applicant in writing.
Twentieth legal service institutions shall, after accepting the assignment, sign a legal aid service agreement with the recipient, legal guardian or legal agent within two working days to determine the legal aid personnel.
Twenty-first in any of the following circumstances, the legal aid institution shall provide legal aid in advance and examine the applicant's conditions within three working days:
(1) The party concerned faces great danger to life and property;
(2) The limitation of action is about to expire;
(three) the need to take immediate protective measures;
(four) there are other emergency or special circumstances.
Twenty-second legal aid institutions shall, according to the request of the recipient, entrust legal aid institutions in different places within the administrative area of the autonomous region to handle legal affairs such as investigation and evidence collection and document delivery, and the entrusted legal aid institutions shall provide assistance.
Twenty-third recipients in any of the following circumstances, legal aid institutions have the right to revoke legal aid:
(a) providing false or forged proof materials such as economic difficulties;
(2) Providing false or forged evidential materials;
(three) the use of legal services provided by legal aid personnel to engage in illegal activities.
Legal aid institutions shall, within three working days from the date of revocation of legal aid, inform the people's court and the designated legal service institutions. The expenses incurred in providing legal aid in advance shall be borne by the applicant.
Twenty-fourth legal aid personnel shall, within fifteen working days after the completion of legal aid matters, submit the following materials to the legal aid institution for review; Do not meet the requirements, should be corrected:
(a) the letter of appointment for legal aid and the approval form of the law firm (grassroots legal service office);
(2) Agency agreement and other entrustment procedures;
(three) a copy of the complaint, appeal, complaint or application for administrative reconsideration, application for state compensation and other legal documents;
(4) The transcripts of interviews with clients, parties and witnesses and other relevant investigation materials;
(5) legal documents such as defense, defense or proxy;
(6) Copies of legal documents such as judgments, rulings, arbitration awards, conciliation statements or administrative handling (reconsideration) decisions;
(7) Final report;
(eight) other materials related to the case.
The legal aid institution shall, within fifteen working days from the date of receiving the closing materials, review the closing materials.
Those who pass the examination will be given subsidies to the legal aid workers of social organizations who handle legal aid cases. Except for the staff of legal aid institutions.
Article 25 Where a people's court, an arbitration institution or a labor arbitration institution brings a lawsuit or arbitrates against the recipient of a legal aid case, it shall defer, reduce or waive the relevant expenses already paid or borne by the recipient in accordance with the provisions.
Twenty-sixth legal aid workers need to use files in handling legal aid matters, except for state secrets and other materials that cannot be disclosed according to law, the relevant state organs and organizations shall cooperate.
The relevant state organs are exempt from the following fees:
(a) the file information query fee;
(2) consulting service fee;
(three) access to archives protection fees;
(four) education, length of service, real estate, property and other certification fees.
The relevant organizations may reduce or waive the fees listed in the second paragraph when using the files of legal aid personnel.
Twenty-seventh legal aid personnel shall not have the following acts in the implementation of legal aid activities:
(a) refusing or suspending the handling of legal aid matters without justifiable reasons;
(2) Transferring legal aid matters to others without justifiable reasons;
(three) to collect property from the recipient or seek other illegitimate interests;
(4) divulging state secrets, commercial secrets and the privacy of the parties concerned;
(five) it is found that the recipient does not meet the conditions of legal aid and terminates the legal aid without the approval of the legal aid institution.
Twenty-eighth judicial administrative departments and legal aid institutions can take the form of visiting the recipients and attending the trial. To urge legal aid personnel to fully fulfill their legal aid obligations.
In the process of legal aid, the recipient has the right to know the progress of legal aid activities. If it is proved that the legal aid personnel fail to perform their duties according to law, they may request the legal aid institution to replace the legal aid personnel.
Chapter V Legal Liability
Twenty-ninth 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;
(2) extorting or collecting property from the recipient or seeking other illegitimate interests;
(three) embezzlement and misappropriation of legal aid funds.
The property collected for handling legal aid matters 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 a crime is constituted, criminal responsibility shall be investigated according to 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 a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Where the staff of a township (town) people's government, sub-district offices, county (city, district) civil affairs departments and other relevant administrative departments issue false certificates of financial difficulties for the applicant, the judicial administrative department shall suggest that the unit to which they belong or the supervisory department give administrative sanctions to the directly responsible person in charge and other directly responsible personnel.
Article 32 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.
Article 33 A lawyer who commits one of the following acts shall be given a warning by the judicial administrative department and ordered to make corrections; If the circumstances are serious, the punishment of stopping practicing for more than one month and less than three months shall be given:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(2) extorting or collecting property from the recipient, or seeking other illegitimate interests.
Where there is an illegal act specified 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 one time but not more than three times the value of the confiscated property; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fourth by concealment, deception and other improper means to obtain legal aid, the judicial administrative department shall recover all legal aid fees.
Article 35 If a party refuses to accept the decision on administrative punishment made by the judicial administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VI Supplementary Provisions
Article 36 The meanings of the following terms in these Regulations:
(1) Recipients refer to citizens who have obtained legal aid according to law;
(2) Legal service institutions refer to legal consulting service institutions such as law firms, notary offices and legal service offices;
(3) Legal aid personnel refer to lawyers, notaries, grassroots legal service workers, legal aid volunteers and staff of legal aid institutions who carry out legal aid work according to law;
(4) Special cases refer to the following criminal cases designated by the people's courts for defense:
1. In the case where the public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons;
2. The defendant is blind, deaf, dumb or a minor and has not entrusted a defender;
3. The defendant may be sentenced to death without entrusting a defender.
Article 37 These Regulations shall come into force as of September 6, 2006.
Source: China People's Congress Network
http://www . China Taiwan . org/web/web portal/w 5268497/Usmartyang/a 36 1344 . html