The legal service organizations referred to in these Measures refer to the law firms, notary publics and legal service offices that implement legal aid in accordance with these Measures.
The legal aid personnel referred to in these Measures means lawyers, notaries, grass-roots legal workers and other legal aid workers who implement legal aid in accordance with these Measures.
The term "aided person" refers to an applicant who has been approved for legal aid or a defendant who has been designated by the people's court to receive legal aid for his or her defense in accordance with the law. Article 3 The judicial administrative departments of the people's governments at all levels shall be in charge of legal aid work in their administrative areas. Legal aid agencies at all levels are specifically responsible for organizing and implementing legal aid work within their own administrative areas under the leadership of the judicial administrative departments of the people's governments at their own levels and under the guidance of legal aid agencies at higher levels. Article 4 The legal aid work carried out by law firms, notary publics, legal service offices and other entities shall be organized, guided and supervised by the legal aid institutions at their location. Article 5 lawyers, notaries public, grass-roots legal workers shall fulfill the obligations of legal aid, and accept the supervision of the legal aid institutions.
Encourage other legal aid workers to voluntarily fulfill their legal aid obligations. Article 6 legal aid workers to provide legal aid must be based on facts, the law as a guideline, safeguard the legitimate rights and interests of the recipient, and abide by professional ethics and practice discipline.
Administrative organs, relevant units and individuals shall support and cooperate with legal aid organizations and legal aid personnel to carry out their work. Article VII of the relevant units and individuals in the legal aid work made significant achievements, the judicial administrative department shall be recognized and rewarded. Article 8 The sources of legal aid funds include:
(1) financial allocations at the same level;
(2) donations from citizens, legal persons or other organizations;
(3) funds raised by other lawful means.
Legal aid funds are earmarked for special purposes and are subject to the supervision of the financial and auditing departments. Chapter II: Targets, Scope and Forms Article 9 Citizens who fulfill the following conditions may apply for legal aid:
(1) they have a permanent household registration or a temporary residence permit in the place of application;
(2) they have proof that they need legal services to protect their lawful rights and interests;
(3) they are incapable of, or are not fully capable of, paying for legal services due to financial difficulties. The standard of economic hardship shall be in accordance with the minimum standard of subsistence guarantee stipulated by the people's government of the place where the legal aid is implemented. Article 10 the homes for the elderly, orphanages and other public welfare organizations can apply for legal aid. Article 11 the people's court assigned to defend the defendant, meets one of the following conditions, the lawyer who undertakes legal aid to provide legal aid:
(1) the public prosecutor appeared in court to prosecute the case, the defendant did not appoint a defender due to financial difficulties or other reasons;
(2) the defendant is blind, deaf, mute, or a minor and did not appoint a defender;
(3) the defendant may be sentenced to death without appointing a defender. Article 12 The scope of legal aid includes:
(1) criminal cases in accordance with the provisions of Article 11 of these Measures;
(2) legal matters requesting the payment of alimony, support, or maintenance;
(3) legal matters requesting compensation for work-related injuries other than those resulting from liability accidents;
(4) the blind, the deaf, the mute, and other persons with disabilities, and the minors, (d) legal matters relating to the recovery of tort compensation for the blind, deaf, dumb and other disabled persons, minors and the elderly;
(e) legal matters relating to requests for pensions, relief funds and minimum subsistence allowances;
(f) legal matters relating to requests for compensation from the State;
(g) matters relating to arbitration of labor disputes;
(h) matters relating to disputes over medical damages;
(i) other matters in need of legal aid. (ix) other matters in need of legal aid. Article 13 Legal aid mainly takes the following forms:
(1) legal counseling and drafting of legal documents on behalf of others;
(2) criminal defense and criminal representation;
(3) representation in civil and administrative litigation;
(4) representation in non-litigation legal affairs;
(5) notarization of certificates;
(6) other forms of legal services. Legal services. Chapter III Application and Acceptance Article 14 An application for legal aid shall be made to the legal aid organization at the place of residence or the place where the incident occurred. Article 15 An application for legal aid shall be made by filling out the Application Form for Legal Aid and submitting the following materials:
(1) Resident's identity card, certificate of household registration, or other valid proof of identity;
(2) Proof of the applicant's and his/her family's financial situation issued by his/her unit or the street office of the place of residence, or by the people's government of the township or village;
(3) Proofs and evidences related to the matter for which legal aid is applied for;
(4) other forms of legal services. (C) certificates and evidential materials related to the matters for which legal aid is applied. Article 16 The legal representative of a citizen who is incapable of civil behavior or restricted in civil behavior may apply for legal aid on behalf of the citizen. The legal representative shall submit to the legal aid organization proof of eligibility to act on behalf of the citizen as well as his or her basic information materials.