Which organ has the right to appoint lawyers as defenders?

1Article 34 of the new Criminal Procedure Law of People's Republic of China (PRC), which was passed in March, 1996, stipulates: "If the defendant fails to entrust a defender in a case where the public prosecutor appears in court for public prosecution due to financial difficulties or other reasons, the people's court may designate a lawyer who undertakes the obligation of legal aid to defend him. If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who is obliged to provide legal aid to defend him. " This is the first time in China's legislative history that "legal aid" has been explicitly written into law, which is an important milestone in the construction of China's legal aid system.

1The Lawyers Law of People's Republic of China (PRC), which was passed on May 5, 1996, made a special chapter on the relevant contents of legal aid. Chapter VI of the Lawyers Law stipulates: "Citizens who need lawyers' help in support, work-related injuries, criminal proceedings, claims for state compensation, and claims for payment of pensions according to law, but are unable to pay lawyers' fees, can obtain legal aid in accordance with state regulations. Lawyers must undertake legal aid obligations in accordance with state regulations and perform their duties of providing legal aid to recipients. The specific measures for legal aid shall be formulated by the judicial administrative department of the State Council and reported to the State Council for approval. " These provisions define the scope of citizens' legal aid and the legal aid obligations that lawyers must undertake according to law, which lays a legal foundation for the formulation of special legislation on legal aid in the future.

To sum up, the people's court is an organ that can appoint lawyers as defenders.