Regulations of Xiamen Municipality on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the basic principles of the Constitution, relevant laws and administrative regulations and the actual situation of this Municipality in order to improve the socialist legal protection mechanism, standardize the legal aid behavior and ensure that citizens enjoy equal and fair legal protection. Article 2 The term "legal aid" as mentioned in these Regulations refers to the legal guarantee system in which legal aid centers established by the government organize legal aid personnel to provide free legal services to individuals with financial difficulties or parties to special cases. Article 3 The municipal judicial administrative department shall be responsible for the supervision and management of the legal aid work in the whole city, and organize the implementation of these Regulations. City legal aid center is responsible for organizing, coordinating and guiding the city's legal aid work.

The District People's Government may, as required, set up a district legal aid center to carry out legal aid activities under the supervision and management of the district judicial administrative department and the guidance of the municipal legal aid center. Article 4 Trade unions, the Communist Youth League, women's federations, disabled persons' federations, pension institutions and other organizations shall help minors, women, the disabled and the elderly who need legal aid to obtain legal aid. Article 5 State organs, social organizations and relevant units and individuals shall support and cooperate with legal aid centers and legal aid personnel to carry out legal aid work. Article 6 The following legal service institutions and individuals have the obligation of legal aid:

(1) Law firms and their practicing lawyers;

(two) the legal aid center and its practitioners;

(3) Legal service offices and their practitioners;

(four) other organizations and their practitioners who have the obligation of legal aid according to law. Article 7 Persons with legal expertise other than those specified in the preceding article are encouraged to participate in the legal aid work organized by the legal aid center as volunteers. Article 8 Legal aid workers shall be based on facts, take the law as the criterion, and abide by professional ethics and practice discipline. Chapter II Scope, Object and Form of Legal Aid Article 9 The scope of legal aid includes:

(1) Criminal cases;

(2) Legal matters concerning the request for payment of alimony, alimony and alimony;

(three) the legal matters of requesting the payment of pensions, relief funds, labor insurance and labor remuneration;

(4) Legal matters concerning claims for compensation for injuries sustained on duty;

(5) Cases requesting state compensation;

(six) the legal matters of the blind, deaf, dumb and other disabled people, minors, women and the elderly to pursue tort compensation;

(seven) other matters that should be provided with legal aid in accordance with the provisions. Article 10 A party with a permanent residence in Xiamen, a blue-printed residence or a temporary residence permit in Xiamen, whose cause of action and cause of action occurred within the administrative area of Xiamen, can obtain legal aid after being examined by the Legal Aid Center:

(a) there are reasons and evidence to prove that legal help is needed to safeguard their legitimate rights and interests;

(two) unable to pay the legal service fees due to economic difficulties.

The standard of economic difficulties stipulated in Item (2) of the preceding paragraph shall be implemented with reference to the minimum living security line determined by the local government of this Municipality. Article 11 If an applicant does not meet the requirements stipulated in these Regulations, but needs legal aid due to special circumstances such as the failure of his guardian or supporter to perform legal obligations, he may obtain legal aid after examination and approval by the judicial administrative department. Article 12 A defendant in a criminal case appointed by the people's court to defend according to law shall receive legal aid, and may not be subject to examination in accordance with the provisions of Article 10 of these Regulations. Thirteenth legal aid mainly takes the following forms:

(a) Legal advice, drafting legal documents and providing legal advice;

(2) criminal defense and criminal litigation agency;

(3) civil litigation agent;

(4) administrative litigation agency;

(five) labor dispute arbitration and other non litigation legal affairs agency. Chapter III Legal Aid Procedures Article 14 An applicant for legal aid must fill in an application form for legal aid and submit the following materials:

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

(two) the applicant's neighborhood (village) committee or the civil affairs department and other relevant units issued by the applicant and his family members;

(3) Evidence of legal aid matters;

(four) other materials that the legal aid center deems necessary.

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. Fifteenth legal aid center shall, within 5 days from the date of receiving all the application materials for legal aid, make a decision on whether to accept or not, and notify the applicant in writing. If it is not accepted, it shall explain the reasons; If it agrees to accept the case, it shall also notify the legal service institution to assign legal aid personnel. Article 16 If an applicant disagrees with the decision made by the legal aid center not to accept the application, he may apply to the judicial administrative department at the same level for review within 5 days from the date of receiving the written notice, and the judicial administrative department shall conduct a review within 5 days from the date of receiving the application and notify the applicant in writing. Article 17 The people's court shall, at the latest, deliver the notice of designated defense and a copy of the indictment of the people's procuratorate or a copy of criminal judgment of first instance to the legal aid center 10 before the court session. Eighteenth legal aid center shall, within 24 hours from the date of receiving the notice of designated defense, notify the legal service institutions to assign legal aid personnel, and reply to the people's court within 3 days.