Legal aid, means that the national legal aid agencies under the guidance and coordination, lawyers, notaries and other legal services staff for certain special cases of financial hardship or the parties to provide free or reduced fee legal assistance to protect their legitimate rights and interests to Implementation of a legal system. The legal system is actually helping the poor, the Disadvantaged, Fucan, is to achieve equality before the law and the important safeguards. China's "Code of Civil Procedure," "Code of Criminal Procedure" and "lawyer" for legal assistance are provided.
First, the object of legal aid and conditions
According to relevant provisions of China's legal aid is the object of our citizens and meet certain conditions for citizens of other countries, namely, economic difficulties and special cases of the parties. The conditions for legal aid can be divided into general conditions and special conditions.
(A) general conditions. Is a result of economic difficulties (in local government departments under the minimum standard of living, whichever is), no capacity or no capacity to pay full cost of legal services, and there are good grounds for that to protect their own legitimate rights and interests of Chinese citizens in need of help, can apply for legal aid.
(B) special conditions. Charged with major criminal cases that a party should have access to legal aid in exceptional circumstances, there are the following: (1) Huang, deaf, dumb and young people a criminal defendant or criminal suspects and the accused may be liable to the death penalty But not commissioned by the defence counsel, (2) other persons with disabilities, the elderly as a criminal defendant or suspect, because of financial difficulties can not afford to hire a defence counsel, (3) Chinese and foreign nationality of the accused in criminal cases without court-appointed lawyers commissioned by the defenders Defence.
Second, the scope of legal aid and implementation modalities
The following legal matters, the parties to comply with these conditions may apply for legal aid: (1) criminal cases, (2) request payment of alimony, Fu Yufei, support for the legal matters, (3) In addition to responsibility for the accident, because of the injury The request for compensation for legal matters, (4) Huang, deaf, dumb and other persons with disabilities, minors, elderly people seeking compensation for infringement of legal matters; (5) request state compensation cases, (6) request to the pension Kim, the relief of legal matters; (7) other needed legal aid to legal matters.
The implementation of legal aid in the form include: legal advice on behalf of the proposed legal instruments; criminal defence and criminal agents, civil, administrative litigation; non-litigation legal services agency; legalization of documents and other forms of legal services.
Third, how to apply
Belongs to the people's court appointed defence and criminal legal aid cases, the court informed the legal aid agencies, from the Legal Aid agencies designated as a criminal defendant's lawyers counsel. Non-designated defence of criminal cases and other cases of legal aid, an applicant from the seat of the Court to have jurisdiction over legal aid agencies to apply. Other non-litigation legal services, by the applicant to the home or work location of the legal aid agencies to apply. Applications should be made in writing and submitted the following information: (1) identity cards, household registration certificate or temporary residence permits (2) issued by the relevant units of the applicants and family members that the economic situation, (3) the basic application for legal aid ; (4) legal aid organizations that need to provide the other materials.
The applicant is a minor or no civil capacity of the people, by their guardians to apply on its behalf. The applicants should submit a proxy for proof.
Fourth, no legal aid against the decision of how to do
In addition to the people's court appointed legal assistance in criminal cases, legal aid agencies should be receiving the party's legal aid application within 20 days from the date of the review. The review found that do not meet the conditions for legal aid, no assistance should be made to the decision and notify the applicant. Assistance to the applicant's decision not to object, they can request legal aid agencies are reviewed.
5. Shouyuan Ren What are the obligations and responsibilities
To meet the requirements of the parties, legal aid agencies should be made to agree to provide legal aid to a written decision and will decide on specific contractors and the assistance of legal services organizations and personnel to inform Shou Yuanren, the contractor personnel from legal aid and legal aid agencies, the Assistance were signed tripartite "legal assistance agreement", clearly defined the rights and obligations of the parties.
Shou Yuanren the main obligations are: (1) to comply with the law, according to legal assistance agreements and the provisions of legal aid contractors staff the necessary cooperation. (2) Shouyuan Ren due to the necessary assistance to solve the case or the issues and access to larger interests, should be paid to the legal aid agencies service fees. On the way to deceive Shouyuan Ren access to legal aid, legal aid organizations should be eligible to withdraw its recipient, and has been ordered to pay the full cost of services.
First, the object of legal aid and conditions
According to relevant provisions of China's legal aid is the object of our citizens and meet certain conditions for citizens of other countries, namely, economic difficulties and special cases of the parties. The conditions for legal aid can be divided into general conditions and special conditions.
(A) general conditions. Is a result of economic difficulties (in local government departments under the minimum standard of living, whichever is), no capacity or no capacity to pay full cost of legal services, and there are good grounds for that to protect their own legitimate rights and interests of Chinese citizens in need of help, can apply for legal aid.
(B) special conditions. Charged with major criminal cases that a party should have access to legal aid in exceptional circumstances, there are the following: (1) Huang, deaf, dumb and young people a criminal defendant or criminal suspects and the accused may be liable to the death penalty But not commissioned by the defence counsel, (2) other persons with disabilities, the elderly as a criminal defendant or suspect, because of financial difficulties can not afford to hire a defence counsel, (3) Chinese and foreign nationality of the accused in criminal cases without court-appointed lawyers commissioned by the defenders Defence.
Second, the scope of legal aid and implementation modalities
The following legal matters, the parties to comply with these conditions may apply for legal aid: (1) criminal cases, (2) request payment of alimony, Fu Yufei, support for the legal matters, (3) In addition to responsibility for the accident, because of the injury The request for compensation for legal matters, (4) Huang, deaf, dumb and other persons with disabilities, minors, elderly people seeking compensation for infringement of legal matters; (5) request state compensation cases, (6) request to the pension Kim, the relief of legal matters; (7) other needed legal aid to legal matters.
The implementation of legal aid in the form include: legal advice on behalf of the proposed legal instruments; criminal defence and criminal agents, civil, administrative litigation; non-litigation legal services agency; legalization of documents and other forms of legal services.
Third, how to apply
Belongs to the people's court appointed defence and criminal legal aid cases, the court informed the legal aid agencies, from the Legal Aid agencies designated as a criminal defendant's lawyers counsel. Non-designated defence of criminal cases and other cases of legal aid, an applicant from the seat of the Court to have jurisdiction over legal aid agencies to apply. Other non-litigation legal services, by the applicant to the home or work location of the legal aid agencies to apply. Applications should be made in writing and submitted the following information: (1) identity cards, household registration certificate or temporary residence permits (2) issued by the relevant units of the applicants and family members that the economic situation, (3) the basic application for legal aid ; (4) legal aid organizations that need to provide the other materials.
The applicant is a minor or no civil capacity of the people, by their guardians to apply on its behalf. The applicants should submit a proxy for proof.
Fourth, no legal aid against the decision of how to do
In addition to the people's court appointed legal assistance in criminal cases, legal aid agencies should be receiving the party's legal aid application within 20 days from the date of the review. The review found that do not meet the conditions for legal aid, no assistance should be made to the decision and notify the applicant. Assistance to the applicant's decision not to object, they can request legal aid agencies are reviewed.
5. Shouyuan Ren What are the obligations and responsibilities
To meet the requirements of the parties, legal aid agencies should be made to agree to provide legal aid to a written decision and will decide on specific contractors and the assistance of legal services organizations and personnel to inform Shou Yuanren, the contractor personnel from legal aid and legal aid agencies, the Assistance were signed tripartite "legal assistance agreement", clearly defined the rights and obligations of the parties.
Shou Yuanren the main obligations are: (1) to comply with the law, according to legal assistance agreements and the provisions of legal aid contractors staff the necessary cooperation. (2) Shouyuan Ren due to the necessary assistance to solve the case or the issues and access to larger interests, should be paid to the legal aid agencies service fees. On the way to deceive Shouyuan Ren access to legal aid, legal aid organizations should be eligible to withdraw its recipient, and has been ordered to pay the full cost of services.
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