• [title] regulationsNotice on the issuance of "code of conduct" for lawyers
• [unit] Promulgated by the all China Lawyers Association
• [word] law Fatong ﹝ 2011: No. 35
• [time] Promulgated by 2011-11-9
• [failure]
• [source] http://www.chineselawyer.com.cn/pages/2011-12-20/s63146.html regulations
• [text]

Notice on the issuance of "code of conduct" for lawyers

Notice on the issuance of "code of conduct" for lawyers

The all China Lawyers Association

Notice on the issuance of "code of conduct" for lawyers

Notice on the issuance of "code of conduct" for lawyers
Law 2011: if the hair through 35 provinces, autonomous regions, municipalities directly under the central government lawyers association and the Xinjiang production and Construction Corps Lawyers Association, the General Political Department of the Bureau of justice:
In order to implement the "Lawyers Law" the practice of lawyers, the National Lawyers Association of lawyers "behavior specification (Trial)" draft was revised, the formation of a new "lawyer 's behaviour", and by the two Council of seven National Lawyers Association approved, are hereby promulgated. The new "code of practice for lawyers" issued you will, please follow.
The all China Lawyers Association
November 9, 2011: attachment behavior criterions for the practice of lawyers
Code of conduct for lawyers
(in March 20, 2004 five session of the National Lawyers Association Standing Council for review by ninth times; in December 27, 2009 seven session of the two Council Amendment)
Chapter I General Provisions
Article 1 in order to regulate the behavior of protection of lawyers, lawyers "rights and interests", according to the standards of "law of the people's Republic of China and the all China Lawyers Association." ".
Second this specification is a lawyer and regulate the practice guidelines, judge lawyers industry standards, is a lawyer of self-regulation of behavior criterion.
The third article of the law practice in violation of peremptory norms in this specification, will be based on relevant normative documents to give a punishment or retribution. The arbitrary norms in this specification shall abide by the law, self-discipline.
Article fourth the specification can be applied as a member of the all China Lawyers Association of lawyers and law firms, law firms and other practitioners refer to this specification.
The second chapter lawyer practicing basic norms of behavior
The fifth article of the law should be loyal to the constitution, the law, abide by the law occupation ethics and practice discipline.
The sixth article of the law shall be honest, diligent and responsible, according to the facts and the law, safeguard the legitimate rights and interests of the parties, maintain the correct enforcement of law, and maintain the social fairness and justice.
The seventh lawyers shall pay attention to occupation accomplishment, and consciously safeguard the reputation of the legal profession.
Article eighth a lawyer shall state secret, commercial secret known in practicing law, the parties shall not disclose privacy.
The principal lawyer known in practice activities and other people do not want to reveal the situation and information, shall keep confidential. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except.
The ninth article of the law should respect the company, fair competition, trade cooperation.
The tenth Lawyers Association advocating lawyers concern, support, and actively participate in social welfare undertakings.
Article eleventh a lawyer shall not in practice during the non lawyers engaged in legal services.
Only lawyers to practice in a law firm.
A lawyer shall not continue to practice in the period subject to stop practicing punishment, or in the law firm closed period, after the cancellation of the original name to continue to practice.
Article twelfth a lawyer shall not represent both parties involved in the same case, legal affairs shall not act with himself or his close relatives have conflicts of interest.
The thirteenth article of the law as the Standing Committee of the people's congresses members, tenure shall not act as agent ad litem or defender.
Article fourteenth a lawyer shall not act as the following:
(a) the adverse social impact, damage the reputation of the legal profession act;
(two) for obstruction of justice, state administrative organs exercise their functions and powers in accordance with the law;
(three) in the prohibited by law institutions, organizations or social groups;
(four) other violations of laws, regulations, Bar Association industry standard and occupation moral behavior.
(five) other breach of social morality, seriously damage the image of lawyer occupation behavior.
The third chapter lawyer business promotion behavior norms
The first section business promotion principle
Fifteenth lawyers and law firms lawyer business promotion, shall comply with the principles of equality, integrity, abide by the law occupation ethics and practice discipline, abide by the legal profession recognized industry standards, fair competition.
Sixteenth lawyers and law firms shall pass to improve their comprehensive quality, improve the quality of service, legal ways to strengthen their business competition ability, development, promotion of business lawyers.
Seventeenth lawyers and law firms can propaganda by way of advertising to lawyers and law firms and their business and professional expertise.
Eighteenth lawyers and law firms by the published papers, case analysis, thematic answer, teaching, popularize legal activities, promote their own professional field.
Nineteenth lawyers and law firms can organize or participate in various projects, seminars, promote their own professional expertise.
The twentieth article of the law to himself or his law firm name in social activities.
Twenty-first lawyers and law firms in the business promotion may not be as unfair competition behavior.
The second section lawyer business promotion advertising
Twenty-second lawyers and law firms for business promotion, can be issued to make the public understand the individual lawyers and law firms, legal services of advertising information.

Article twenty-third a lawyer advertising should comply with national laws, regulations, rules and the specification.
The twenty-fourth article of the law to release advertisement shall be distinguishable, should be able to make the public identify lawyer advertising.
The twenty-fifth article of the law of advertising can be released to lawyer personal name, can also publish the law firm name. Issued by the lawyer personal lawyer advertising should indicate name institutions individual lawyer office practice, should contain the lawyer license no..
The twenty-sixth has one of the following circumstances, lawyers and law firms shall publish the lawyer advertising:
(a) did not pass the annual examination;
(two) in the stop practicing or punishment rectification period;
(three) were informed criticism, denounced the not full a year.
The twenty-seventh article of the law of personal ads, shall be limited to the lawyer's name, portrait, age, gender, education, degree, professional, lawyer practicing license date, the law firm name, in practice for law firm; charges, contact method; according to the law to provide legal services business scope; practice performance.
The twenty-eighth article of the law firm advertising content shall be limited to the law firm name, domicile, telephone number, fax number, postal code, e-mail, web site; the Lawyers Association; to the community to provide the practicing lawyers and legal services in accordance with the law to the business scope of practice performance.
May twenty-ninth lawyers and law firms lawyer to against the mission, lossy image of lawyers way of advertising, not artistic exaggeration by means of general commercial advertising.
There is a violation of the Lawyers Association on lawyer advertising regulations shall be thirtieth lawyers in advertising.
The third section law publicity
Thirty-first lawyers and law firms may not to distort the facts and the law, or may make the public have no reasonable expectation of publicity for lawyers.
Thirty-second lawyers and law firms can propagate in a professional legal services, but not self declaration or imply its recognized or proved to be the authority or an expert in a specialized field.
Thirty-third lawyers and law firms may not be carried out between the propaganda or lawyer law firm.
The fourth chapter of regulating the relationship between lawyer and client or clients
The first section of the principal-agent relationship
Article thirty-fourth a lawyer shall consult with clients on matters, content, access, cost, time limit, after consultation, agreement, signed by the law firm and the client agreement.
The thirty-fifth article of the law shall make full use of professional knowledge, in accordance with the law and the trust agreement completed the entrusted matters, safeguard the legitimate rights and interests of the parties or.
The thirty-sixth article of the law and the law firm has the right according to the law, fairness and justice and the lawyer moral standard, choice of realizing the client or the parties to plan.
The thirty-seventh article of the law should be strictly in accordance with the provisions of the law during the period, aging and agreement with the client time handle the entrusted matters. The client understand the entrusted matters handled requirements, it shall timely reply.
The thirty-eighth article of the law shall establish the lawyers to file, to preserve the integrity of the work record.
The thirty-ninth article of the law should be cautious to keep the client or the evidence provided by the parties, the original, original master audio-visual materials and other materials.
The fortieth lawyers entrusted, shall carry out the practice activities in the client within the scope of the mandate, shall not exceed the delegated authority.
The forty-first article of the law after accepting the entrustment, and shall not refuse to defend or agent, or otherwise terminates the contract without any justifiable reason. The entrusted matters illegal, the client uses the service provided by the lawyer to engage in illegal activities or the client intentionally conceals important facts related to the case, the lawyer shall have the right to inform the client and require its rectification, have the right to refuse to defend or agent, or by otherwise terminates, and the right to have the transaction obtained a lawyer's fee.
The forty-second lawyers in the contractor entrusted business, the existing and possible insurmountable difficulties, risk, it shall timely notify the principal, and report to the law firm.
Section second prohibits false promises
The forty-third article of the law according to the principal facts and evidence, in accordance with the law to carry on the analysis, put forward suggestions to the client.
Forty-fourth defense lawyers, agents are not adopted, does not belong to the false promises.
Section third prohibits illegal gain the rights and interests of the client
Forty-fifth lawyers and law firms shall not use the advantage of providing legal services, seeking the disputed rights.
Forty-sixth lawyers and law firms may not be illegal and principal controversy of rights economic ties, not with the entrusting parties will debate the subject matter to sell; shall not entrust others for themselves or their close relatives the acquisition, leasing clients disputes with others of the subject matter.
The forty-seventh article of the law firm can legally and parties or the client to sign to recover funds or subject-matter as the premise according to a certain proportion to collect money or in kind as the attorney fee agreement.
The fourth section examination of conflicts of interests
The forty-eighth article of the law firm shall establish a conflict of interest review system. In the law firm commissioned before the conflict of interest, shall review and make a decision whether to accept the entrustment.
There is a conflict or interest relationship between forty-ninth entrust lawyers and clients, shall not undertake the business and should be offered to avoid.
Fiftieth in one of the following cases, lawyers and law firms shall establish or maintain a relationship with the parties:
(a) a lawyer to act as agent for the parties involved in the same case, or agency legal affairs of conflicts of interest with himself or his close relatives;
(two) for lawyers in litigation or non litigation business, their close relatives is the legal representative or agent of the other party;
(three) the functionaries of the administrative organ, who personally or heard a matter or case of judges, procurators, arbitrator, to become a lawyer and handle the issues or cases;
(four) different lawyer with a law firm at the same time as the same criminal case victim agent and the suspect, defendant's counsel, but in the county area of only one firm and prior consent of parties agree except;
(five) in the civil litigation, administrative litigation, arbitration cases, different lawyer with a law firm as well as between the parties in dispute or the agent, or its staff is a party, the other party the other lawyers as agents;
(six) in non litigation business, in addition to jointly commissioned by the parties, a lawyer at the same time as the parties to the agent are interested;
(seven) in the principal-agent relationship termination, and accept the other party entrusted with a law firm or a lawyer in the same case follow-up trial or processing;
(eight) the other with this article (a) to (seven) a similar, and based on the practice experience and industry knowledge to judge the conflict of interest situations should be active avoidance and shall not handle.
Article fifty-first in any of the following circumstances, a lawyer shall notify the client and initiate evasive, but the client agrees to keep the agent or other:
(a) to accept civil litigation, arbitration a Party Commission, while the other lawyer with the close relatives of the cases of the other party;
(two) as a criminal suspect, the defendant's counsel, while the other lawyer with the close relatives of the victims;
(three) the same law firm accepts other legal business delegate litigation or non litigation business is acting the opposite party;
(four) the existence of legal service relationship law firm and the client, in a lawsuit or arbitration in case the client does not require the lawyer as his agent, and the lawyer as the principal agent of the other party;
(five) in one year after the termination of the trust relationship, the lawyer and the same legal affairs to accept the other parties interested of the story;
(six) the other with this article (a) to (five) a similar situation, and based on the experience and industry knowledge to other situations judgment of lawyer.
Found that lawyers and law firms in the case, it shall notify the entrusting people interest conflict facts and possible consequences, by the client to decide whether to establish or maintain a relationship. The principal decided to establish or maintain a relationship, should sign the informed consent, indicates that there is a conflict of interest between the parties have known and possible legal consequences, and the parties expressly agree with law firms and lawyers to establish or maintain a relationship.
The fifty-second principal informed and consent to the exemption, the lawyers to deal with each client's case information in the process of handling cases of confidential, may not be the case related information disclosure to the undertaking lawyer.
The fifth section keep the entrusted property
The fifty-third article of the law firm can sign a written agreement with the client to keep, keep the trust property, strictly perform the custody agreement.
The fifty-fourth article of the law firm commissioned custody of property shall be the principal, the principal property and Property Law Firm lawyer personal property, the strict separation.
The sixth section commissioned
Article fifty-fifth without the consent of the principal, a law firm shall not be entrusted by the legal affairs to entrust other law firms to handle. But in case of emergency, to safeguard the interests of the principal may be commissioned, but shall timely inform the client.
Article fifty-sixth the entrusted lawyer in case of sudden illness, job transfer and other emergency situations can not perform the agreement, it shall promptly report to law firms, law firms shall be separately specified by other lawyers to undertake, and timely inform the client.
Article fifty-seventh without the client's consent, not because of increased costs to entrust the client.
The seventh section principal-agent relationship dissolution and termination
Article fifty-eighth in any of the following circumstances, a law firm shall terminate the trust relationship:
(a) the principal to terminate the agreement;
(two) lawyers are practising certificate or a penalty of cessation of practice, after consultation, the client does not agree to replace the lawyer;
(three) when there is a conflict of interest under any of the circumstances prescribed in article fiftieth of this specification;
(four) the entrusted lawyers for health status is not suitable to continue to perform the agreement, after consultation, the client does not agree to replace the lawyer;
(five) continue to perform the agreement in violation of laws, regulations, rules or the regulations.
Article fifty-ninth in any of the following circumstances, the prompt clients not rectified, law firms may terminate the entrustment agreement:
(a) the client uses the legal services lawyers to engage in illegal and criminal activities;
(two) the client requires lawyers to complete can not be achieved or not reasonable goals;
(three) the client fails to perform the contract obligations;
(four) based on the previously unforeseen, lawyers to provide legal services to the clients will bring the cost burden of unreasonable to lawyers, lawyers or to cause unbearable, unreasonable difficulties;
(five) other legitimate reason.
The sixtieth article of the law firm in accordance with the provisions of clause fifty-eighth, article fifty-nine termination agent or terminate the entrustment, the principal and the law firm negotiation termination of the agreement, the principal unilaterally terminate the entrustment agreement, law firms have the right to charge has provided some of the cost.
Article sixty-first law firm and the client remove entrust relationship, should be the original data, return the parties to provide original evidence, audiovisual master evidence such as, and can retain a copy of filing.
The fifth chapter lawyers to participate in litigation or arbitration rules
The first section investigation
The sixty-second article of the law shall be subject to the investigation and evidence collection.
The sixty-third article of the law shall submit to the judicial organ or the arbitration organization is clearly false evidence.
The sixty-fourth article of the law as a witness to testify in court, shall not be appointed the defender or agent to appear in court.
Section second respect the court and normative contact with the judicial personnel
The sixty-fifth article of the law shall abide by the disciplinary tribunal, arbitration tribunal, to comply with the court date, time limit, the time limit for submission of legal documents and other procedural provisions.
Article sixty-sixth in the trial process, the lawyer shall respect the court, arbitration tribunal.
The sixty-seventh lawyers in the process of practice, because whether the right of the facts of the true, the evidence authenticity and applicable law and litigation partner disagree, or to submit new evidence to the case undertakers, people contact with the case handling and exchange opinions shall be designated places in the judicial commissioner.
The sixty-eighth article of the law in the process of handling cases, and may not be undertaken, involving judicial arbitration staff personal contact.
Article sixty-ninth a lawyer shall not bribery judicial and arbitration institutions, not to promise to return or to provide other benefits (including material interests and non-material interests) and so on, to deal with the judicial, arbitral personnel in charge of the case.
A lawyer shall not bribery, bribery or by inducing a party.
The third day trial instrument and voice
The seventieth lawyer to defend, an agent to attend the court, arbitral tribunal, shall be in accordance with the provisions in lawyer in court dress, wearing a barrister badge, pay attention to the image lawyer occupation.
The seventy-first article of the law in the court or the arbitration tribunal to speak should be dignified, generous, decent, the word civilization.
The sixth chapter relationship specification lawyers and lawyers
The first section of respect and cooperation
Between the seventy-second lawyers and other law should help each other, mutual respect.
Article seventy-third in the trial or during the negotiation parties lawyers should respect each other, do not use sarcasm, satire or insulting language.
The seventy-fourth lawyers or law firms may not be published maliciously debase, slander, damaging the reputation of other speech in public and media.
Should be to safeguard the client and the original Law Firm lawyer practicing institutions benefit seventy-fifth change; law firm in receiving a lawyer, and shall not harm the interests of original law firm.
The seventy-sixth article of the law and the principal of the dispute, the solution law firm lawyers shall fully respect my opinion, lawyers shall obey the law firm resolve disputes resolution.
The second section prohibit unfair competition
Seventy-seventh lawyers and law firms may not conduct business by unfair means of competition, damage the reputation of other lawyers and law firms or other legitimate rights and interests.
Article Seventy-eighth in any of the following circumstances, which belongs to the unfair competition acts of lawyers:
(a) slander, libel other lawyers or law firms reputation, reputation;
(two) without justifiable reasons, to lower than the same area with the industry standard charges for conditions vying for business, or the commitment to give customer, intermediary, Recommendation Commission, gift money, property or other interests, vying for business;
(three) intentionally in dispute between the client and attorney;
(four) to the client express or implied or law firms and the judicial organ, the government organs, social organizations and their staff have special relations;
(five) the legal service results or results of action to make false promises;
(six) express or implied can help the client to improper purpose, or by improper means, reach the goal of the clients.
Seventy-ninth lawyers and law firms in the contact with the industry management department and the administrative organs, enterprises, may take the following improper means to make business competition with other:
(a) with a department, a department, a trade monopoly on legal services for a certain class of way vying for business;
(two) defining the client accepts the lawyer or law firm designated provide legal service, limiting other lawyers or law firms fair business competition.
Eightieth lawyers and law firms in contact with the Department of justice and judicial personnel, shall not use other identity by lawyers with the business undertaken by normal processing and trial means for business competition.
Article eighty-first made in accordance with the relevant provisions in specific range of legal services lawyers or law firms shall not adopt any of the following acts of unfair competition:
(a) limit the clients to accept the legal service provided by other lawyers or law firms approved by the statutory bodies;
(two) mandatory client accept their offer or provided by the appointed lawyer legal services;
(three) to resist such behavior, the principal refuses to interrupt, delay, cutting the necessary legal service or overcharging.
The eighty-second lawyers or law firms may not be fair competition between each other by the following means to exclude competitors:
(a) collusion up or down the charge;
(two) to solicit business, improper access to other lawyers and law firms charge quotation or other legal services condition;
(three) information disclosure charges quotation or other legal services conditions not yet open to the public, damage the legitimate rights and interests of the relevant law firm.
Mark, eighty-third lawyers and law firms may not be unauthorized or illegal use of social proper names or well-known names and represents the name of graphics and text, code to confuse the misleading clients.
The name of the specific name of the society referred to standard and well-known refers to:
(a) the relevant parties, the judicial organs, administrative organs, industry association name;
(two) the name has higher legal institutions of higher social visibility or research institutions;
(three) for the public, have known name non lawyers public figures higher visibility;
(four) a famous lawyer or law firm name.
Eighty-fourth lawyers and law firms shall not forge or falsely use legal service honor. Have been obtained using the lawyer or law firm legal services of the honorary title, shall indicate the time and duration. Lawyers and law firms may not be altered has won the honor for advertising. Law firms have withdrawn, the original title of honor may not continue to use the.
The seventh chapter of relational norms law firm lawyers and office
The eighty-fifth article of the law firm is the organization of the lawyer. Law firm on the lawyers for the education, management and supervision.
The eighty-sixth article of the law firm shall establish and improve the practice management, examination of conflicts of interests, fees and financial management, complaint investigation, annual examination, file management, labor contract management system, supervise the law to comply with the occupation moral, professional discipline in the practice activities of.
The eighty-seventh article of the law firm shall ensure that lawyers and other staff of the legitimate rights and interests according to law, to provide the necessary working conditions for lawyers.
The eighty-eighth lawyers undertake business, their law firm shall uniformly accept entrustment, sign written entrustment contracts with the clients and, in accordance with state regulations, collect fees.
Eighty-ninth lawyers and law firms shall pay taxes according to law.
The ninetieth article of the law firm shall arrange for lawyers to carry out political affairs, business study, summed up the exchange of experience, improve the level of lawyers.
The ninety-first article of the law firm shall carefully guide to apply for practicing law interns internship, faithfully issue practice identification materials and relevant materials of proof.
The ninety-second article of the law firm shall not engage in business operations other than legal services.
Ninety-third lawyers and law firms shall perform the obligation of legal aid in accordance with state regulations, and provide legal services to the recipient, safeguard the legitimate rights and interests of the person under.
The ninety-fourth article of the law firm shall not be assigned has not obtained a lawyer's practice certificate personnel or stop practicing punishment during the lawyers provide legal services in the name of lawyer.
Article ninety-fifth law firms to appoint lawyers for auxiliary personnel affairs errors shall take remedial measures, or to stop, and bear the responsibility.
The ninety-sixth article of the law firm lawyers, have the obligation to apply for practicing law practice management in business and occupation moral.
Specification chapter eighth lawyers and Law Association
Ninety-seventh lawyers and law firms and lawyers shall abide by rules of industry norms formulated by lawyers associations. Lawyers and law firms lawyer association entitled rights, assume the obligation prescribed lawyers association.
Ninety-eighth lawyers, lawyers shall participate in the completion of learning and assessment of lawyers association.
The ninety-ninth article of the law in international law and become its members, as well as Chinese lawyers to participate in overseas conferences and other activities, shall be reported for the record of lawyers association.
100th lawyers and law firms for practice as punishment, the defendant, or by the administrative organs of the investigation, punishment shall apply to the lawyers association, a written report.
The 101st article of the law should take an active part in lawyer business research activities organized by lawyers association, to complete the task of lawyers association business arrangement, lawyers association in public welfare activities.
The 102nd article of the law shall properly handle the disputes occurred in the practice of a lawyer, implementing the lawyers association mediation mediation agreement reached.
The 103rd article of the law shall decide execution Lawyers Association of lawyers dispute made.
A lawyer should be decided in accordance with the law, perform the lawyers association regulations, rules and the lawyers association, the rules of punishment.
The 104th article of the law shall pay membership dues on time.
The ninth chapter supplementary provisions
105th lawyers and law firms in violation of the "norm", lawyers' Association shall on the basis of "disciplinary violations" lawyers association rules and normative documents the implementation of sanctions related industries.
The 106th local lawyers associations can according to the rules, formulate detailed implementation rules according to the local situation. The detailed rules for the implementation shall not conflict with this specification, and reported to the National Lawyers Association for the record after the implementation of.
This the 107th standard implementation date of promulgation. This specification to amendment modified, the Standing Council amendment after the trial, after the formal implementation of the council.
Article 108th the interpretation of this standard by the Standing Committee of all China Lawyers association.

[unit] released Ministry of Justice
  [number] Ministry of Justice issued Decree No. 124th
  [date] 2012-04-09
  [date] 2012-07-01
  [date]
  [category] national laws and regulations
  [source]Legal Daily

Provisions on the procedures for the handling of legal aid cases

The Justice Department Order No. 124th

"Procedures" provisions of legal aid cases has executive meeting of the Ministry of justice in February 21, 2012, is hereby promulgated, shall enter into force as of July 1, 2012.

Foreign minister Wu Aiying
Two, one or two April 9th

Provisions on the procedures for the handling of legal aid cases
Chapter I General Provisions
Article 1 in order to regulate the for legal aid cases, guarantee the legal aid quality, according to "the people's Republic of China Criminal Procedure Law", "Legal Aid Ordinance" and other relevant laws, administrative regulations, these Provisions are formulated.
Article second the legal aid institutions, lawyers, grassroots legal service, other social organizations and legal aid staff for legal aid cases, these Provisions shall apply.
Article third the legal aid institutions shall establish a sound working mechanism, to provide convenience for citizens to receive legal aid.
Fourth legal aid personnel shall be in accordance with the law, regulations and the present regulations, abide by the relevant legal service business procedures, provide quality and efficient legal services and recipient.
Fifth legal aid personnel shall keep state secrets, for in that legal aid in cases of trade secrets, the parties shall not disclose privacy.
Article sixth the legal aid staff for legal aid cases, should abide by the occupation morals and professional discipline, and consciously accept supervision.

The second chapter accepted
Seventh legal aid institutions shall publicize information office address, communication means, in the reception area and judicial administrative government website publicity legal aid conditions, procedure, application materials catalogues and application demonstration text.
Item eighth citizens with economic difficulties as "Legal Aid Ordinance" prescribed in article tenth to apply for legal aid, by volunteer organs located, obligor domicile or the requested legal aid institutions shall accept the domicile of the person.
"Provisions of article eleventh of the Legal Aid Ordinance" citizens with economic difficulties for criminal legal aid cases handled by the people's court, the people's Procuratorate, the public security organ, the seat of the legal aid agencies to accept. The applicant on the same matter to two or more legal aid agencies to apply, is the first to receive legal aid institutions for acceptance.
Article ninth citizens apply for agent, criminal legal aid, shall faithfully submit the following application materials:
(a) the legal aid application form. Fill in the application form is difficult, the legal aid agency staff or transferred for organs, unit staff to fill in;
(two) identity card or other valid identity certificate, apply for the agent shall also submit proof of power of attorney;
(three) states that the financial status of legal aid applicants;
(four) and the legal aid cases related materials application.
The financial status of legal aid applicants to prove statement shall be the legal aid of local laws, rules and regulations of the right to issue economic difficulties proof authority, unit official seal. Without the relevant provisions, the villagers committee, the applicant has his domicile or habitual residence of the residents' committee or the unit official seal.
Article tenth the applicant holds the following documents, certificates, no need to submit the financial status of legal aid applicants proof sheet:
(a) city residents minimum living guarantee or rural residents of the minimum living guarantee;
(two) rural poor households save card;
(three) the rural "Five Guarantees" for card;
(four) the people's court for judicial assistance decision applicants;
(five) proof material in social welfare institutions funded by the government to support or by charitable contribution;
(six) evidence of disability and his domicile or habitual residence of the village committee, residents committee issued no fixed source of evidence;
(seven) depending on the materials that governments or units pay pension life;
(eight) due to natural disaster in temporary difficulties, are receiving documents government temporary relief;
(nine) the laws, regulations and the provinces, autonomous regions, municipalities directly under the central government, the people's Government of the relevant legal aid applicant can prove the economic difficulties of other certificates, proof material.
Eleventh custody of criminal suspects, defendants, prisons, reeducation through labor personnel, compulsory isolation detoxification personnel to apply for legal aid, the people's court, the people's Procuratorate handling cases, the public security organ or the prisons, detention, labor education management, compulsory rehabilitation center to apply for.
Article twelfth the legal aid institution accepts an application for legal aid shall issue a written document, received the application materials to the applicant, specify the name of the application materials received, quantity, date.

The third chapter review
Thirteenth legal aid agencies should review within 7 working days from the date of receiving the application, and make it a grant of legal aid decision; belonging to the provisions of article fourteenth regulations, may be appropriate to extend the review period.
The legal aid institution upon examination that the applicant to submit the application materials are incomplete or content is not clear, shall be issued a notice supplementary material or require the applicant to make explanation. The applicant to provide supplementary materials, to explain the time required is not included in the examination period. Where the applicant fails to supplement the materials or explanations, as to withdraw the application.
Fourteenth legal aid agencies say the application materials submitted by the applicant need to verify, shall report to the relevant departments, units of investigation and verification.
The legal aid institutions accepting the application request different legal aid agencies assist to verify, in accordance with the provisions of article twenty-eighth shall.
Fifteenth legal aid agencies after examination, for any of the following circumstances, should consider the applicant economic difficulties:
(a) the standard economic difficulties and their family members living together with per capita income of legal aid local regulations or the province, autonomous region, or municipality directly under the central government of the people's government regulations;
(two) for the other party with the matters of family members living together, the standard economic difficulties the personal income in the legal aid local regulations or the province, autonomous region, or municipality directly under the central government of the people's government regulations;
(three) the provisions prescribed in article tenth documents, documents for applicants for legal aid, legal aid agencies reviewed that the true and effective.
Sixteenth legal aid institutions upon examination, to meet the conditions of legal aid, it shall decide to grant of legal aid, and make a grant of legal aid decision; is not eligible for legal aid, it shall decide not to legal aid, and no legal aid decision making.
No legal aid decision shall indicate the reasons and no legal aid the objection rights.
Seventeenth grant of legal aid decision and no legal aid decision shall be sent to the applicant; the provisions of article eleventh regulations, the legal aid institutions shall also inform the relevant people's court, the people's Procuratorate, the public security organ and prisons, detention, reeducation through labor management, compulsory isolation detoxification.
Article eighteenth items with "Legal Aid Ordinance" article tenth, the provisions of article eleventh, and has one of the following circumstances, legal aid agencies can decide to provide legal assistance:
(a) from the legal prescription expires in less than 7 days, need for bringing a suit or applying for arbitration, administrative reconsideration and timely;
(two) need to apply for property preservation, the evidence preservation or execution;
(three) other emergency or special circumstances.
To provide legal aid, the recipient shall be determined in the legal aid institutions pay the prescribed application materials within the time limit. The legal aid institution upon examination that the recipient is not in conformity with the standards of economic difficulty, should put an end to the legal aid, and in accordance with the provisions of this article second paragraph thirty-third for.
Article nineteenth the applicant no legal aid to the legal aid institutions decision has objections, can put forward to the judicial administrative organ in charge of the legal aid institutions.
The judicial administrative organs after review that the applicants meet the conditions of legal aid, should be in written form shall order the legal aid institutions to provide legal aid to the applicant, and inform the applicant in writing; that the applicant does not meet the conditions of legal aid, legal aid agencies should be no legal aid decision, notify the applicant in writing and explain the reasons.

The fourth chapter undertakes
Twentieth for civil, administrative legal aid cases, legal aid institution shall, within 7 working days to assign lawyers, grassroots legal service, other social organizations to arrange their own staff to grant legal aid decision from the date of making, or arrange the staff to undertake.
The criminal legal aid cases, legal aid agencies should be given legal aid decision or receiving the designated defending notice within 3 working days of the appointed lawyer from an office to make into, or arrange the institution of legal aid lawyer.
Twenty-first legal aid institution shall, according to the agency, lawyers, grassroots legal service, other social organization personnel quantity, quality, professional expertise, undertake legal aid cases, the recipient will assign or host factors such as reasonable arrangement mechanism, personnel.
Legal aid agencies, law firms shall assign or arrangement has a certain number of criminal defense lawyer practicing experience as the defender of the death penalty case.
Twenty-second legal aid institutions, lawyers, grassroots legal service or other social organizations shall, within 5 working days of legal aid staff name and contact way to inform the recipient from the assigned or arrangement of legal aid workers of the day, and with the recipient or his legal representative, close relatives shall sign an entrustment agreement, but because of the reason the recipient cannot be signed on time except.
Twenty-third legal aid workers within the limits of authorization, through conciliation, mediation, arbitration and litigation and other means to maximize the safeguard the legitimate rights and interests of the recipient.
Legal aid agents in the recipient to settle the dispute settlement or mediation, it shall obtain the consent of the Recipient agrees to.
Legal advisory services twenty-fourth legal aid institutions of civil application, shall immediately answer; complex, can handle and appointment timing. In the process of legal advice, the applicant may conform to the agent or criminal legal aid, shall inform the application may be submitted in accordance with the law.
Article twenty-fifth for the cases of civil action legal aid, legal aid staff should inform the recipient may apply to the people's court for judicial assistance, and provide assistance.
Twenty-sixth legal aid staff met with the recipient, shall make transcripts of the meeting. Transcripts of the meeting shall be subjected to aid people to confirm correct signature or fingerprint; recipient without reading ability, legal aid personnel shall record is read to the recipient, and shall be indicated in the notes.
For the designated defense cases, legal aid staff should be in the first meeting with the criminal suspect, defendant, asked whether the agreed to its defense, and for the record. The suspect, the defendant does not consent, shall inform the people's court, the people's Procuratorate, public security organ and the legal aid institutions written.
Twenty-seventh legal aid staff handles the case shall, according to the need for investigation according to law, and may need to request for legal aid agencies issued the necessary documents and relevant organs, units or coordination.
Twenty-eighth legal aid staff that need different investigation report, can be made to the legal aid institutions assigned or arrangement. To make the legal aid institutions assigned or arrangements may request the investigation and evidence collection matters where the legal aid agencies.
The legal aid institution shall issue a request for cooperation, collaborative correspondence to the legal aid institution is requested, explain the basic situation of the case, investigation and evidence collection matters, processing time. The legal aid institutions requested shall provide cooperation. Because of objective reasons can not work, should be the reason to the legal aid institutions requesting collaboration written instructions.
Twenty-ninth for people's court trial of criminal cases, legal aid staff should do before the court for trial; full statement, quality certificate; after the trial, legal aid personnel shall submit the written opinions of criminal defense or to a people's court. For the designated defense cases by the people's court decides not to hold a hearing, the legal aid personnel shall be the legal aid institutions assigned date of a people's court within 10 days after receiving the written comments submitted criminal defense. For other trial of criminal cases, legal aid personnel shall submit written opinions of criminal defence or agency in accordance with the people's court within the time limit prescribed.
Thirtieth legal aid workers shall submit to the recipient reporting cases to handle, reply the recipient asking, and make informed record.
Thirty-first legal aid personnel shall be in accordance with the legal aid institutions are required to report cases of.
Legal aid cases in any of the following circumstances, legal aid personnel shall report to the legal aid institutions:
(a) a major doubt the main evidence, the applicable law etc.;
(two) relates to group events;
(three) have a significant social impact;
(four) other complex, difficult situations.
Article thirty-second the recipient has evidence to prove that the person not to perform the obligation of legal aid, legal aid agencies can request a change of legal aid workers.
The legal aid institutions shall decide whether to change within 5 working days after the recipients for the date of replacement. Decided to replace, shall be assigned or arrange personnel to undertake. Has to designated defense situations to the suspect, the defendant, the people's court, the people's Procuratorate, the public security organ decided to appoint another defender, legal aid institutions shall designate or arrange personnel to undertake.
A change of legal aid workers, the original legal aid staff subordinate units and the recipient shall revoke or modify the agency agreement, the original legal aid personnel shall and replacement of the legal aid staff to handle the case materials transfer procedures.
Article thirty-third in any of the following circumstances, it shall terminate the legal aid:
(a) the recipient does not accord with the legal aid economic difficulties standard;
(two) cases in accordance with the law to terminate the trial or revoked;
(three) the recipient to entrust other agent or defender;
(four) to terminate the recipients of legal aid;
(five) the recipient by legal aid to engage in illegal activities;
(six) the recipient intentionally conceals facts or providing false evidence;
(seven) other circumstances shall be terminated in accordance with the provisions of laws, regulations.
There is the case, the legal aid personnel shall report to the legal aid institutions. The legal aid institutions upon examination and verification, decided to terminate the legal aid, legal aid decision making should be terminated, and send the recipient, at the same time that legal aid staff subordinate units and related departments, units. The legal aid staff subordinate units shall terminate the entrustment agreement with the recipient.
The termination of the legal aid recipients to legal aid institutions decision has the objection, in accordance with the provisions of article nineteenth shall.
Thirty-fourth legal aid workers filing materials shall be submitted within 30 days of the legal aid institutions from legal aid cases closing date.
Litigation cases in legal aid staff received the verdict, ruling, mediation, for closing date. Arbitration cases or cases of administrative reconsideration in legal aid workers receiving the award of arbitration, administrative reconsideration decision is the original or a copy of the date of closing date; other non litigation legal matters to the recipient with the other party, the mediation agreement reached a settlement date for the closing day; no relevant documents, begins with the obligor to perform the obligations for closing date. The legal aid institutions termination of legal aid, legal aid staff subordinate unit receives the termination of legal aid decision letter, for closing date.
Thirty-fifth legal aid institutions shall carry out the examination within 30 days of filing legal aid staff submitted from the day of receiving the materials. For filing materials complete, should be in accordance with the provisions of the legal aid workers are paying the subsidies to its.
Thirty-sixth make the legal aid institutions shall submit to the assigned legal aid personnel filing materials and acceptance, examination, appointment and other materials were collected, a case of a volume, uniform filing management.

The fifth chapter supplementary provisions
Thirty-seventh legal aid institutions, lawyers, grassroots legal service and legal aid staff engaged in the legal aid activities in violation of the stipulations of the people's Republic of China, in accordance with the "law", "Legal Aid Ordinance", "illegal acts of lawyers and law firms punishment measures" and other laws, regulations and rules shall be investigated for legal responsibility.
Thirty-eighth legal aid document format shall be formulated by the Ministry of justice.
Thirty-ninth the provisions shall be implemented as of July 1, 2012.