Article 1 In order to standardize the use and management of special funds for legal aid case handling subsidies in Inner Mongolia Autonomous Region (hereinafter referred to as special funds), give full play to the efficiency of the use of special funds, effectively protect the rights of citizens with financial difficulties to obtain legal aid, and promote the healthy development of legal aid in our region, according to the Legal Aid Regulations, Notice of the Ministry of Justice and the Ministry of Finance on Printing and Distributing the Guiding Opinions on Raising the Standards of Legal Aid Subsidies (Sfa Tong [2019] No.27), Implementation Opinions of the General Office of the Party Committee People's Government of Inner Mongolia Autonomous Region on Improving the Legal Aid System (No.2015] No.59), and the General Office of the People's Government of Inner Mongolia Autonomous Region on Printing and Distributing the Administrative Measures for Downward Transfer Payment in Inner Mongolia Autonomous Region.
Article 2 The term "special funds" as mentioned in these Measures refers to the special subsidy funds arranged by the autonomous region for subsidizing counties (cities, districts) to handle legal aid cases.
Union city, counties (cities, districts) finance to legal aid funds into the fiscal budget at the same level, and according to the local financial resources and the number of cases to give counties (cities, districts) certain funding arrangements; Judicial administrative departments at all levels should broaden the channels of legal aid funds other than government financial allocation and make full use of all forces to solve the funds needed for legal aid cases.
Article 3 The use and supervision of special funds shall adhere to the principles of legality, standardization, high efficiency, openness, fairness and justice, graded responsibility and top-down coordination, and shall be subject to the supervision of discipline inspection, supervision and auditing departments and the society according to law.
Article 4 Legal aid institutions shall assign social lawyers, grassroots legal service workers and social organization personnel to handle legal aid cases, and encourage the staff of legal aid institutions, other grassroots legal service workers and social organization personnel with public status to handle legal aid cases.
Chapter II Scope of Use of Funds
Article 5 The expenditure scope of special funds for legal aid handling subsidies in autonomous regions includes:
(1) It is used to pay the expenses of social lawyers, grassroots legal service workers and social organization personnel assigned by legal aid institutions in counties (cities, districts) (excluding legal aid agency staff, and other grassroots legal service workers and social organization personnel who have the official status of undertaking legal aid matters), including costs (travel expenses, post and telecommunications fees, printing fees, information fees, investigation and evidence collection fees).
(two) the translation fees, notarization fees and appraisal fees incurred by legal aid personnel in undertaking legal aid cases shall be reimbursed after verification by legal aid institutions;
(3) Appraisal fees, arbitration fees and legal fees that the recipient is unable to pay due to financial difficulties after losing the case.
Article 6 The subsidy standards for legal aid institutions in counties (cities, districts) to undertake legal aid cases in their own regions shall be implemented in accordance with the Implementation Opinions on Improving the Legal Aid System (No.[20 15]59 issued by the General Office of the Party Committee and the General Office of the Government of the Autonomous Region) or the implementation opinions issued by the Union City.
Chapter III Distribution and Appropriation of Funds
Article 7 The Finance Department of the Autonomous Region shall, jointly with the judicial administrative department of the Autonomous Region, adhere to the principle of protecting the grassroots and the basics according to the cost of handling cases, the proportion of handling legal aid cases, the proportion of litigation cases, the proportion of criminal cases, the quality of handling legal aid cases, the guarantee of legal aid funds and the management of the use of legal aid funds in counties (cities, districts), and encourage areas with a large number of cases and strong support for handling funds to allocate special funds in accordance with relevant regulations.
Article 8 The financial department of the Union City shall, within 30 days after receiving the special funds, decompose and issue them to the financial department of the county (city, district), and at the same time report the disbursement of the special funds to the financial department of the autonomous region for the record.
After receiving special funds, the financial department of the grass-roots government shall issue them to the judicial administrative department at the same level within 7 working days.
Chapter IV Fund Management and Performance Evaluation
Article 9 Financial departments and judicial administrative departments at all levels shall strengthen the management of special funds arranged by the autonomous region's finance, establish and improve the management system, and transfer payments shall be made according to the subjects and projects allocated to the budget, and shall not be withheld, misappropriated, misappropriated or adjusted without authorization, and shall not be used for personnel funds and public funds of judicial administrative departments and legal aid institutions. Standardize the expenditure scope, standards and procedures, improve the efficiency of the use of special funds, and ensure the smooth handling of cases.
Article 10 When receiving the subsidy for handling cases, the case-handling personnel who undertake legal aid cases shall submit relevant materials or files, which shall be examined and kept by the legal aid institutions. Legal aid institutions shall establish a ledger for the management of the use of special funds for legal aid cases, indicating the name, time, undertaker, recipient, case handling subsidy or reimbursement amount. , so that the accounts are clear and the procedures are complete. It is strictly forbidden to include cases that do not meet the scope and quality standards of legal aid into the scope of expenditure.
Article 11 In order to strengthen the performance management of special funds, the Department of Finance of the Autonomous Region shall, jointly with the Department of Justice of the Autonomous Region, establish a performance evaluation system for special funds, organize, coordinate and urge financial departments at all levels and judicial administrative departments to set performance targets and carry out performance monitoring. The judicial administrative departments of each Union City organize performance self-evaluation every year, and report the performance evaluation results to the Finance Department and the Justice Department of the autonomous region for the record before the end of February of the following year. The financial department and the judicial administrative department of the autonomous region shall organize the implementation of key evaluation and comprehensive evaluation, and make good use of the evaluation results. Regularly carry out special inspections to promote the standardized and efficient use of special funds; Counties (cities, districts) where special funds are not issued in time, are not standardized in use and are not strictly managed may deduct or suspend the allocation of special funds in the future as appropriate.
Article 12 Any person who is responsible for the management and supervision of the use of special funds by the financial department and the judicial administrative department commits one of the following acts, and shall be severely dealt with in accordance with the Regulations on Penalties and Punishment for Financial Violations (Decree No.427th of the State Council) and other relevant provisions.
(a) interception, misappropriation or misappropriation of special funds;
(two) to obtain special funds by fraud;
(three) dividing, withholding or delaying the payment of special funds;
(4) Appropriating and using special funds without authorization beyond the prescribed scope and standards;
(five) the use and management of special funds is chaotic, resulting in adverse social impact;
(six) other acts in violation of laws, regulations and management system.
Chapter V Supplementary Provisions Article 13 Financial departments and judicial administrative departments at all levels may, in accordance with these measures and in light of the actual situation, formulate measures for the administration of the use of local areas, and report them to the Finance Department of the autonomous region and the Judicial Department of the autonomous region for the record before implementation.
Fourteenth special funds from 20 18, the implementation period of 3 years, depending on the needs of legal aid work in the autonomous region, the judicial department of the autonomous region can apply for an extension of the implementation period according to procedures.
Fifteenth approach by the Finance Department of the autonomous region and the judicial department of the autonomous region is responsible for the interpretation of.
Article 16 These Measures shall come into force 30 days after the date of promulgation.