Hebei Chicheng county:

Legal aid Nominal

This print journalist Li Chenggang Zang Qiong

Http://blog.sina.com.cn/s/blog_5fa596c10100fe5a.html

Legal aid is a measure of judicial assistance is due to economic difficulties have no legal person. Her implementation to provide free legal services to the indigent people or special parties, safeguard the legitimate rights and interests can be realized. The country every year to come up with money money subsidies to legal aid lawyer. Reporters in Chicheng County of Hebei province to understand, most lawyers undertake the legal aid cases, are not a cent subsidy, but rely on out of pocket payment file copying fees, travel and other expenses. Where the legal aid subsidy flows? What caused the legal aid fees can not implement. Press on this issue to the understanding of a survey.

For legal aid, actually still collect the money

Hebei bubo bubo province Chicheng County Zhen Li Jia Bao Cun villagers Zheng Fuwang told reporters reflect: my brother-in-law Zheng Wanjun drunk with scissors stabbed the victim to death. My father is over 60 years old on a few acres Susukida living long, mother-in-law paralyzed in bed, don't know where the next meal, simply can not afford a lawyer. When the court, Hebei director of law firm Ning Mingshan find my house said, your brother hired my lawyer, should first pay the attorney fee. With no money home, relatives and neighbors to borrow, borrow for a long time, divided into three times to pay 10000 yuan agency fees, these three times have I accompany father-in-law pay.

A trial of my brother-in-law's death. We appeal, director of the Ning Mingshan defender. The second instance court commuted the death sentence with a reprieve. Because the saved their lives, lawyer Ning Mingshan and to my father-in-law home for money. My father-in-law really didn't have the money. Ning Mingshan will be my father-in-law to court, asked to pay legal fees. Until a few days ago under the mediation of the court, my father borrowed 3500 yuan, is the director of the village the money over to the Ning mountain.

Recently, the understanding to know I know, my brother-in-law was the case of legal aid case, is free of charge. Lawyer Ning Mingshan is too dark, it should not be to my money, he took my 13500 yuan, get my foreign debts, my father-in-law has more than 60 people, now have to go out to earn money to repay debts.

In order to find out whether the case for legal aid. The reporter found this case the first trial counsel Guo Jianxin lawyers.

Guo lawyer replied, I served as the Zheng Wanjun murder trial counsel. Because this is Zhangjiakou City Intermediate People's court appointed Hebei law firms undertake the, is the result of legal aid case, so the confiscated money lawyer fees.

The reporter asked whether to get legal aid subsidies, Guo said the lawyer, I still didn't get a penny subsidies. I do legal aid I never get subsidies, are paid travel dry.

Hebei is the only large law firm lawyers in Chicheng county. Reporter went to several other once in a lawyer to investigate a large package law firm before, they said, the annual total to do a few pieces of legal aid case, did not get the legal aid subsidy.

The State Council "Legal Aid Ordinance" twenty-fourth paragraph second: "the legal aid institutions received the provisions of the preceding paragraph closed materials, shall be appointed for legal aid lawyers or accept the arrangement of social organization to handle the legal aid case payment of legal aid case subsidy".

On the basis of the legal provisions, the legal aid lawyer shall handle cases subsidies obtained according to law. In Chicheng County of lawyer in undertaking legal aid cases, did not get a legal aid subsidy, the reason where?

The Bureau of justice, law firm is not a

Legal aid lawyers not to grant subsidies. In August 31st, the reporter visited deputy director of Chicheng Bureau of justice secretary and in charge of the work of lawyers Leeson.

Deputy director Li said, legal aid subsidies annually by the county finance dials to the County Bureau of justice, unified master by the Bureau of justice. Some people report firms director Ning Mingshan away the legal aid subsidies and some bad things, we have done a survey, this is not the thing. We have made a written report to the Municipal Lawyers Association, lawyers to do legal aid cases, we are in order to be legal aid subsidies. But the reporter to the deputy director Li for the reporting materials, deputy director Li said I asked Director Tian, he does not give you, need you on your own.

This argument, Hebei director Ning Mingshan law firm shall not be approved, he said every year for legal aid cases in seven more, I didn't get a cent subsidy. My lawyer also not taken, these lawyers suspected me away the legal aid subsidies, I really wrong. Ning said, let alone the bureau gave me the legal aid, even I each year to the County Finance Bureau for office funds to the account, the Bureau will retain a part, they are all my leadership, I dare not provoke them.

Judicial Bureau said the legal aid subsidies to firms, firms that did not see a penny subsidies. There must be a lied. Who is lying? Who is away?

Reporters to the deputy director Li said, look at the legal aid subsidy accounts, lawyers took no money is not clear. Deputy director Li telephone director Tian Shuhai said after accounting to go out, not in the unit, can not see.

In September 1st, the reporter again to the Judicial Bureau examine the accounts, the office staff under the guidance of couldn't find any leader, but also to see the accounting. The reporter would like to see a bill will be lost again.

The mystery of the accounts

Legal aid subsidies is the director of law firm Ning mountain people away, or the Bureau of justice is not to be, such a simple question, just don't understand. But the reporter found Chicheng county Party Committee Propaganda Department shall coordinate the legal aid funding request, the Bureau of finance.

Propaganda department vice minister Wang know reporters after the queen said, I want to ask the secretary. The minister said about looking at Financial Bureau accounts one thing, we can't coordinate.

The reporter asked to see the executive magistrate. Vice Minister Wang said, I could not participate in it, don't I get a responsibility.

"The government information disclosure regulations" article ninth:"The administrative organs of government information in accordance with one of the following basic requirements shall be disclosed voluntarily". The first paragraph: "relates to the vital interests of citizens, legal persons or other organizations". Standard legal aid funds, the amount paid, and whether the payment in place, directly related to the vital interests of law firms and lawyers shall be disclosed. But the Chicheng Judicial Bureau and other departments in the face of the reporter's repeated requests, the government keep secret on the use of legal aid funds, trying to cover up what can make nothing of it, the reporter.

After many setbacks, the reporter finally in September 2nd third to the County Bureau of justice, to see the director Tian Shuhai. Tian director admits: these years did not to pack large law firm paid legal aid subsidies, the reason is the firm did not provide the declaration of legal aid file material to our administration. The investigation report of reporter to see the legal aid funds accounts and report on Ning Mingshan violation of law, Director Tian said this is our internal data provided to reporters, inconvenience.

Legal aid is to not give firms? Director Tian reply and deputy director Li answer contradictory. Director Tian said, legal aid didn't give firms is due to firms not to report legal aid cases; the firm said the file material also can't get the money. Exactly who said that is the truth, the reporter did not know. Is clear: the legal aid lawyers not to see the legal aid, legal aid in Chicheng County useless.

How many need legal assistance without help?

The reporter contacted many of each class in the interview in a week. A work in the Bureau of justice of old comrades said, legal aid is to help the vulnerable groups, the establishment of a legal aid system is the realization of judicial fairness, justice, an important symbol of social civilization and progress. But this work I see is dry thunder, it does not rain. "Legal Aid Ordinance" clearly pointed out, the legal aid funds earmarked. In fact the situation is very common, the legal aid funds for legal aid is very little. The government of Chicheng did not allow reporters to see the accounts, this is the reason why.

One from the village down the county small business owners told reporters, legal aid is written in the file, hanging in the mouth. I've long heard of the legal aid of it, I have never seen or heard of anyone by legal aid. As far as I know, there is a fellow workers get no compensation, does not have the lawsuit, nor heard of any legal aid, had to compromise, the boss compensate how many how many. A fellow beaten, was vexed, because can not afford to pay legal fees, legal fees, played too bust, without compensation.

An unnamed old lawyer told reporters, Chicheng County Bureau held "legal aid" banner, the real purpose is to multi state money, money in hand, undertaking legal aid lawyers do not see. Lawyers only lose money in the handle the legal aid case, dampened the enthusiasm of lawyers to do legal aid in the course of time. There is a name for legal aid, it is done to the real case of the parties make money. The national laws and regulations of legal aid has become a mere scrap of paper in Chicheng county.

Nearly a week of interview, did not understand the legal aid fund is firm not to bureau of justice, or Justice Bureau didn't give firms, because of the Bureau of justice and law firms each sticks to his argument, the reporter could not understand. But one thing is clear, the lawyer who undertakes the legal aid didn't get subsidies, some legal aid groups have no legal assistance. In the "Legal Aid Ordinance" promulgated and implemented after 6 years today, can not but make people feel helpless and sorrow.

The reporter called on relevant departments to intensify the supervision of legal aid work, let the national legal aid subsidy payment to the contractor lawyers hands, let need legal aid society vulnerable groups feel that the party and the government in the administration of justice for their love and warmth, the legal aid work in a truly concerned about the people of evergreen career.