Legal Analysis
Legal aid is a program established by the state to ensure that citizens with financial difficulties and parties to special cases receive necessary free legal services such as legal consultation, representation, and criminal defense. legal system. The law stipulates that the objects of judicial assistance are: (1) Victims of criminal cases are injured due to crimes, causing serious injuries or disabilities, and their lives are difficult because the case cannot be resolved; or because the perpetrator dies or is unable to compensate, and cannot obtain compensation through litigation, resulting in Life is difficult. (2) The victim of a criminal case is harmed by a crime and is in urgent need of medical treatment but cannot afford the medical expenses. (3) The victim of a criminal case dies after being harmed by a crime, and the close relatives who rely on the victim's income as the main source of livelihood have difficulty in living because the case cannot be solved; or because the perpetrator dies or is unable to compensate, the close relatives who rely on the victim's income as the main source of livelihood have difficulty in living. Relatives are unable to obtain compensation through litigation, causing hardship in their lives. (4) The victim of a criminal case is harmed by a crime, resulting in heavy losses to his property, and his life is difficult because the case cannot be solved; or because the perpetrator is dead or unable to compensate, he cannot obtain compensation through litigation, causing difficulties in his life. (5) Whistleblowers, witnesses, and appraisers are retaliated against for reporting, testifying, or appraising, resulting in personal injury or major property losses, and being unable to obtain compensation through litigation, causing difficulties in living. (6) Recover alimony, child support, child support, etc. , because the person subject to execution is unable to perform, causing difficulties to the person subject to execution. (7) Personal injuries caused by civil torts such as road traffic accidents cannot be compensated through litigation, causing life difficulties. (8) Other persons deemed in need of assistance by the political and legal committee of the party committee and the political and legal unit based on the actual situation. Scope and conditions of legal aid: 1. criminal case. The scope and conditions of legal aid in criminal cases include: (1) The criminal suspect has not hired a lawyer due to financial difficulties after the first interrogation by the investigative agency or since the date of taking compulsory measures; (2) The victim of the public prosecution case and his/her The legal representative or close relative has not entrusted a litigation agent due to financial difficulties since the date the case was transferred for review and prosecution; (3) Since the private prosecution case was accepted by the People's Court, the private prosecutor and his legal agent have not entrusted a litigation agent due to financial difficulties. agent's. 2. Civil and administrative cases. The scope and conditions of legal aid in civil and administrative cases include: (1) Requesting state compensation in accordance with the law. (2) Requesting social insurance benefits or minimum living security benefits. (3) Requesting payment of pensions and relief funds. (4) Requesting payment of alimony, support, or support. (5) Request for payment of labor remuneration. (6) Claiming civil rights and interests arising from acts of bravery and justice. Regarding the scope of legal aid in civil and administrative cases, it should be noted that the objects of such aid are related to personal claims and debts.
Legal Basis
Article 4 of the "Measures for the Payment of Litigation Fees" provides that the state provides judicial assistance to parties who have real difficulty in paying litigation fees, guarantees their exercise of litigation rights in accordance with the law, and safeguards their legitimate rights and interests. .