Measures of Shenzhen Special Economic Zone on Legal Aid

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the basic principles of relevant laws and regulations of the state and the reality of Shenzhen Special Economic Zone in order to establish a social and legal security system, ensure citizens' access to necessary legal services and safeguard citizens' legitimate rights and interests. Article 2 The term "legal aid" as mentioned in these Measures refers to the legal system in which a specialized agency established by the government organizes practicing lawyers or public lawyers to provide legal services to eligible citizens, and waives, reduces or delays the collection of attorney fees according to specific circumstances. Article 3 Citizens who meet the requirements of these Measures shall enjoy equal rights to obtain legal aid. Article 4 When providing legal aid, lawyers must be based on facts, take the law as the criterion, and abide by professional ethics and practice discipline. Article 5 Legal aid shall follow the principles of fairness, justice, timeliness and effectiveness. Chapter II Legal Aid Institutions Article 6 Legal aid institutions shall accept the administration and supervision of judicial administrative organs. The responsibilities of legal aid institutions are as follows:

(a) to review the application for legal aid and decide whether to accept it;

(2) Organizing practicing lawyers or public lawyers to handle legal aid affairs;

(three) responsible for the use and management of legal aid funds;

(four) to carry out publicity and exchange of legal aid. Article 7 A legal aid institution shall establish a list of legal aid lawyers, and the lawyers listed in the list of legal aid lawyers shall not refuse to undertake legal aid affairs without justifiable reasons. Chapter III Objects of Legal Aid Article 8 The following persons may obtain legal aid without examination:

(a) the defendant in a criminal case appointed by the people's court to defend;

(2) Citizens who request legal advice. Article 9 An applicant who meets the following conditions may obtain legal aid upon examination and approval by a legal aid institution:

(1) Having a permanent residence in Shenzhen or living in Shenzhen for 1 year or more;

(2) Being proved unable or completely unable to pay the lawyer's fees;

(three) the application has justified reasons and basis, and it is necessary to give assistance. Tenth in accordance with the provisions of article ninth of these measures and one of the following circumstances, you can get legal aid in advance:

(1) Holding the disabled soldiers Certificate, the registration certificate of pensions and preferential treatment or other effective relief certificates issued by the civil affairs department;

(2) recourse for alimony, alimony, alimony, labor remuneration and pension;

(three) the applicant is disabled, the elderly, women and children. Eleventh legal aid institutions can provide the following forms of legal services according to the specific situation of the recipient:

(1) Acting as an agent in criminal, civil or administrative proceedings or as a defender of the defendant in criminal proceedings;

(2) Acting as an agent for the parties to an arbitration case;

(3) Acting as an agent to appeal, accuse, hear and apply for administrative reconsideration;

(4) Drafting legal documents on his behalf;

(5) Answer legal advice. Article 12 A legal aid institution shall decide to waive, reduce or postpone the lawyer's fees for qualified applicants. Thirteenth in any of the following circumstances, legal aid shall be terminated:

(1) Obtaining legal aid by deception;

(2) Obtaining assets sufficient to pay the lawyer's fees;

(3) There is new evidence to prove that the reasons for granting legal aid are no longer valid. Article 14 Legal aid shall not be provided for disputes over the rights of name, portrait, reputation, honor, copyright, patent and trademark. Chapter IV Legal Aid Procedures Article 15 To apply for legal aid, an application form for legal aid shall be filled in and the following materials shall be submitted:

(1) Resident identity card, household registration certificate or temporary residence permit;

(2) A certificate of the financial situation of the applicant and his family members issued by the relevant department or other certificates that can prove his inability or inability to pay the lawyer's fees;

(3) Facts and evidence related to assistance matters;

(four) other materials that the legal aid institution deems necessary. Article 16 If the applicant is a person without or with limited capacity for civil conduct, his guardian or legal representative shall apply for it on his behalf. Seventeenth staff of legal aid institutions in the review of legal aid applications, one of the following circumstances, should be avoided:

(1) Being an interested party or a close relative of an interested party in this application;

(2) Having other interests in this application, which may affect the fair handling of this application. Eighteenth legal aid institutions shall make a decision on whether to grant legal aid within 10 days from the date of registration of the applicant:

(1) Issuing a legal aid notice and a list of legal aid lawyers to applicants who meet the conditions for legal aid;

(two) do not meet the conditions of legal aid, issued a "notice of no assistance" to the applicant.

If the applicant disagrees with the notice of no assistance, he may, within 5 days from the date of receiving the notice of no assistance, request the legal aid institution to re-examine, and the legal aid institution shall conduct the review within 5 days and report it to the judicial administrative organ, which shall make a decision within 5 days. Nineteenth the applicant shall, within 5 days from the date of receiving the notice of legal aid, submit the list of legal aid lawyers selected by him to the legal aid institution. If it cannot be submitted within the time limit, it shall be designated by the legal aid institution.