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 specialized legal service institution established by the state, which provides 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.). ).
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The purpose of establishing a legal aid center is to protect human rights and maintain judicial justice and balance.
The legal aid center (established by the judicial department) is a legal practice institution for lawyers except law firms.
The difference between lawyers in legal aid centers and lawyers in law firms lies in:
The former enjoys the national salary and provides free legal services for legal aid recipients, while the latter supports itself and provides paid legal services for the society. Lawyers in the legal aid center shall not handle non-aid cases, provide paid legal services to the society, or collect money and goods from the recipients.
The former's registered lawyer's certificate is called "lawyer's work permit" and the latter's registered certificate is called "lawyer's practice certificate".
In addition, there are some legal aid centers of social organizations and institutions, such as legal aid centers set up by colleges and universities, legal aid centers for the protection of women's and children's rights and interests of women's federations, and legal aid centers set up by trade unions. And public welfare centers organized by social welfare institutions are also free.
These social legal aid centers are all guided by the legal aid centers set up by the Bureau of Justice, and the staff of the social legal aid centers are composed of non-lawyer legal scholars, legal experts or their legal workers.
General provisions of the legal aid ordinance
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.
References:
Baidu encyclopedia-law assistance center