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Hubei Province, the Legal Aid Ordinance

(through August 3, 2011 eleventh Hubei Provincial People's Congress Standing Committee of the twenty-fifth meeting)

Chapter I General Provisions

Article 1 in order to strengthen and standardize the legal aid work, and ensure the economic difficulties of citizens and other statutory conditions of citizen to obtain the legal services and assistance, and promote social equity and justice and the construction of a harmonious society, in accordance with the relevant laws, administrative regulations, combined with reality of this province, the enactment of this ordinance.

Article second within the administrative region of this province legal aid activities, application of this ordinance.

"Legal Aid Ordinance, is the legal aid institution refers to the people's government at or above the county level shall set up in the judicial and administrative departments of the organization, legal services and legal service personnel, economic difficulties for the citizens and other compliance with the statutory conditions of the civil law, provide legal advice, free agent, criminal defense and legal service activities.

Legal services include lawyers, grassroots legal service, a notarization institution, the judicial authentication institution etc..

Legal service personnel including legal aid lawyer, law firm lawyers, grassroots legal service workers, notary, judicial and legal aid volunteers.

The recipient, refers to the legal aid to citizens.

Third legal aid is the responsibility of the government. The people's governments at or above the county level shall be as an important content of the social construction of legal aid, incorporated into the plan for national economic and social development, establish and perfect the legal aid service system covering both urban and rural areas, strengthen the team construction of legal aid; in accordance with the unified leadership of the government, departments, each responsible principle, establish and improve the legal aid work coordination mechanism and target management responsibility system; the legal aid funds are included in the fiscal budget at the same level, gradually increase input, safeguard social harmonious development of the legal aid institutions and economic.

Article fourth provincial finance in accordance with the relevant provisions of the state set up a fund to support special grant of legal aid, in poor rural areas, ethnic minority areas and the old revolutionary base areas to carry out legal aid.

The people's governments at or above the county level through the establishment of legal aid funds, multi-channel to raise social donor funds and fund for public welfare donations, encourage enterprises and institutions, other social organizations and individuals for the legal aid institutions.

The legal aid funds and special funds shall be earmarked funds usage, and accept supervision by the financial, auditing and other departments, and social publicity.

The judicial administrative department of the Fifth People's governments above the county level administration legal aid work within their respective administrative regions.

The legal aid institutions specifically responsible for the acceptance and examination of legal aid applications, assignment of legal service institutions or legal service personnel to comply with the conditions of citizens to provide legal aid, and guidance and supervision of the legal aid activities.

Article sixth the people's court, the people's Procuratorate and public security, civil affairs, finance, human resources and social security, health, industry and commerce administration, quality and technical supervision, letters and other state organs, according to their respective responsibilities of legal aid work.

The people's Government of a township, subdistrict office and community, the village (neighborhood) committees shall support the legal aid institutions do a good job in the work of legal aid, and provide help for the area in need of legal aid citizens.

The seventh article of trade unions, the Communist Youth League, women's federations, associations and other social organizations shall combined with actual work, provides legal services related to related groups. The legal aid institutions shall give support and help.

Encourage, support institutions, enterprises and institutions and other social organizations to use its own resources, to carry out legal service activities in accordance with the law. Encourage, support the legal occupation qualification and professional knowledge of law, legal work experience of personnel involved in the legal aid activities.

Article eighth the people's governments at all levels and the judicial administrative department shall strengthen the publicity and popularization of legal aid system, legal aid, consciousness and ability of citizens to safeguard their own interests.

The press and publishing, radio and television, network and other public media should be legal aid as an important part of public welfare propaganda, to create a good social atmosphere for the legal aid work.

Article ninth or above the county level people's governments and judicial administrative departments shall commend and give awards to the units and individuals who have made outstanding contributions in the legal aid work.

The second chapter, the scope of legal aid

Article tenth citizens on the following matters need agent, due to economic difficulties has not entrusted agent, can to apply for legal aid:

(a) request state compensation according to law;

(two) request for social insurance treatment or the minimum living allowance;

(three) request grant pension, benefits;

(four) request for payment of alimony, maintenance fee, maintenance fee;

(five) request to pay labor remuneration and other labor and social security rights and interests maintenance;

(six) maintain because do boldly what is righteous behavior or to protect the public interest civil rights;

(seven) suffered domestic violence, abuse, abandonment and civil rights;

(eight) due to traffic accidents, accidents, medical malpractice, food safety, environmental pollution, the quality of the products and agricultural production materials and other adult personal injury or harm to property compensation request;

(nine) other matters stipulated by the state and the province.

The people's government state, county, city, according to local conditions, can be referred to in the preceding paragraph outside the legal aid to make supplementary provisions.

Eleventh in criminal proceedings, criminal suspects, defendants in the case of public prosecution, public prosecution of the victims and their legal representatives or near relatives, and a case of private prosecution, the prosecutor and his legal representative, due to financial difficulties did not hire a lawyer or agent ad litem, able to apply for legal aid.

Twelfth prosecutor and the defendant in the case, due to financial difficulties or other reasons not to entrust defenders, the people's court specified for the defence of the accused, the legal aid institutions shall provide legal aid.

If the defendant is blind, deaf, mute or a minor but not entrust a defender, or the defendant may be sentenced to death and counsel did not entrust a people's court appointed defense, as the defendant, the legal aid institutions shall provide legal aid, without the need of the economic status of the defendant's review.

Standard thirteenth citizens with economic difficulties, the legal aid institution accepts the application in accordance with the county (city, district) performed 1.5 times within published urban and rural minimum living guarantee standard.

The applicant for natural disasters and other factors caused the temporary economic difficulties, the economic difficulties standards by the legal aid agencies with reference to the provisions of the preceding paragraph, determined according to the actual situation.

Because suffer domestic violence, abuse, abandonment and civil rights, legal aid application, its economic difficulties standards to difficult economic situation of the applicant shall prevail.

Fourteenth people's court, people's Procuratorate, public security, letters and other state organs as well as legal service agencies in the work process, the discovery of the parties in accordance with the conditions of legal aid, shall inform the can to apply for legal aid.

The third chapter legal aid application and examination

Fifteenth citizens apply for legal aid by themselves or their clients directly to the legal aid institutions proposed; there are difficulties, also can use the phone application, apply by mail, online applications and by the legal aid agencies to accept the way.

The phone application, apply by mail, online application mode, legal aid agencies should be written. Make a decision to provide legal aid, it shall notify the applicant in written confirmation, and shall go through the relevant formalities.

Article sixteenth the legal aid institutions shall establish service place, set up to apply for legal aid service window, improve barrier free facilities, for the public to apply for legal aid matters, conditions, procedures, materials directory and supervision of telephone complaints, convenient for citizens to apply for legal aid.

Item seventeenth citizens apply for legal aid, which belongs to the litigation matters, to the people's court hearing the case of legal aid institution is located; belongs to the investigation or the stage of review and prosecution of criminal case, put forward to the legal aid institutions of public security organs for handling the cases or the people's Procuratorate is located.

Citizens to apply for legal aid matters of non litigation legal matters, can put forward to apply to legal aid institutions have the right to deal with organ, the applicant has his domicile or the place of occurrence.

Two or more legal aid agencies may accept the application for legal aid, the applicant can apply to any one of the legal aid institutions put forward. 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.

Eighteenth custody of criminal suspects, defendants, prison staff to apply for legal aid, the public security organs, people's procuratorates can pass through, the people's court or prison to the legal aid institutions proposed.

The public security organs, people's Procuratorate, the people's court or prison received custody of criminal suspects and defendants, prison staff, legal aid application, shall be referred to the relevant legal aid institutions in 24 hours.

Nineteenth applicant is a person without civil capacity or a person with limited civil capacity, by the legal agent to apply. The applicant has no statutory agent or the statutory agent does not fulfill the duty of application, by its domicile Village (neighborhood) committees or laws, regulations and other organizations, personnel on behalf of the applicant.

Article twentieth citizens apply for legal aid shall provide the following materials:

(a) identity card or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney;

(two) economic difficulties proof;

(three) materials and apply for legal aid matters.

Economic difficulties proof by the applicant domicile or habitual residence of the village (neighborhood) China issued by the Commission, the people's Government of a township, street audit office. Economic difficulties proof should information truthfully stated the applicant family status, employment status, family property, the family per capita income etc..

Twenty-first legal aid agencies after receiving an application for legal aid, should be examined promptly, and dealt with according to the following circumstances:

(a) if the application materials are complete, the claims, facts are clear, the evidence is sufficient legal, to provide legal aid decision on the spot;

(two) the application materials are incomplete, it shall inform the applicant to make supplements or disposable; need to verify the relevant information, to be verified by the legal aid agencies;

(three) the major difficult issues or other special cases, shall make a decision whether to provide legal aid decision in 5 days;

(four) is not eligible for legal aid, shall within 5 days inform the applicant in writing and explain the reasons.

Article twenty-second the applicant in any of the following circumstances, legal aid agencies can be directly identified as eligible for legal aid, without need to give economic difficulties proof, but shall issue the corresponding certificate or certification materials:

(a) belongs to the beneficiaries;

(two) is a gold, orphan benefits or life difficult in aid of minimum living guarantee;

(three) supported by the government in the social welfare institutes;

(four) no fixed source of urban zero employment families, disabled with special difficulties, the elderly, people with serious diseases;

(five) rural migrant workers request to pay labor remuneration or compensation;

(six) maintain because do boldly what is righteous behavior or to protect the public interest civil rights.

Article twenty-third the applicant in any of the following circumstances, legal aid agencies can advance to provide legal aid, afterwards by the applicant to pay the relevant materials of proof:

(a) the applicant faces significant personal or property damage;

(two) application deadline is about to expire;

(three) there are other emergency or special circumstances.

Article twenty-fourth the applicant to the people's Court judicial assistance decision as the basis for legal aid, and in conformity with the provisions of article tenth, article eleventh regulations, the legal aid institutions shall direct the granting of legal aid. The recipient decision as the basis for judicial assistance to the legal aid institutions, the people's court shall directly to the judicial relief.

Article twenty-fifth the applicant has any objection to the legal aid institutions make no legal aid decision, the judicial administration department within 15 days can be in charge of the legal aid institutions for review from the date of receiving the decision, the judicial administrative department shall, within 5 days after receiving the application, review on review. After review, that the applicant to meet the conditions of legal aid, legal aid agencies shall notify in writing the determination to change, to provide legal aid to the applicant in time, and notify the applicant; that do not meet the conditions of legal aid, legal aid agencies to maintain the decision, should inform the applicant of the reasons for the book.

The fourth chapter is the implementation of the legal aid

Twenty-sixth legal aid in the following ways:

(a) legal advice, draft legal documents;

(two) the criminal defense, criminal agent;

(three) the civil, administrative litigation;

(four) the administrative reconsideration agency, agency work, the personnel dispute arbitration and other non litigation legal services agency;

(five) the notarization assistance and identification of judicial assistance;

(six) other legal aid law, regulations.

Twenty-seventh defense is designated by the people's court cases, the people's court in session 10 days before the designated defense notice and the copy of the indictment or judgment to copy to the legal aid institutions; legal aid institutions should be in receipt of notice of designated defense materials timely assignment law service personnel, and 3 days before the hearing is told to designated by the people's court.

Twenty-eighth legal service personnel in handling legal aid cases, by legal aid letter consult relevant documents, the relevant units shall provide support and assistance, state organs, state-owned enterprises and institutions and the social organizations shall be exempted from related queries, consulting, replication costs.

Twenty-ninth legal service personnel under any of the following circumstances, it shall report to the institution of legal aid, legal aid agencies is examined and verified, and should put an end to the legal aid:

(a) to deceive, conceal facts or other improper means to apply for legal aid;

(two) to provide legal aid, found that the recipient does not meet the conditions of legal aid;

(three) the recipient of the economic situation changes, no longer meet the conditions of legal aid;

(four) cases trial termination or has been removed;

(five) the recipient shall entrust a lawyer or other agent;

(six) to terminate the recipients of legal aid;

(seven) the recipient concealing relevant and legal aid cases, not help, not with the legal aid institutions and legal service personnel, the legal aid work is difficult to carry on.

The termination of legal aid, it shall inform the recipient written, and explain the reasons. Objection to the recipient, may apply for reexamination in accordance with the provisions of the regulations of article twenty-fifth.

Article thirtieth the legal service personnel engaged in legal aid should abide by the occupation morals and professional discipline, safeguard the legitimate rights and interests of the recipient in accordance with the law, and shall carry out the following activities:

(a) without justifiable reasons, refused to accept, delay or terminates the implementation of legal aid;

(two) collect property from the recipient or seek other illegitimate interests;

(three) the progress of legal aid cases on the hide of recipients;

(four) disclosure of the privacy of the parties.

Thirty-first recipient shall have the right to understand the progress of legal aid of the case to the legal aid agencies, legal services and legal service personnel. Legal services staff do not perform their duties according to law, the recipient can request a replacement, the legal aid institutions after confirmation shall separately arrange legal service personnel to provide legal aid.

The recipient shall cooperate with the legal service personnel to carry out the legal aid work, truthfully to handle the legal aid case legal service personnel statements relating to legal aid cases, provide relevant evidence materials.

The recipients in the recipient during the improving economy is no longer eligible for legal aid, it shall inform the legal aid institutions.

Thirty-second recipient for arbitration, notary, forensic identification, for arbitration, a notarization institution, the judicial authentication institution shall, in accordance with the relevant provisions of debt related costs.

Thirty-third cases for legal aid legal service personnel in the case of the case, it shall timely apply to legal aid institutions submit legal documents, the final report and other materials. The legal aid institutions shall timely review, and according to the review and case payment handling subsidies.

Legal aid case subsidies standards by the judicial administrative department jointly with the finance department, approved according to legal aid of the case to the average cost and other factors. The subsidy standard can be adjusted according to need.

Mechanism of thirty-fourth judicial administrative departments and legal aid shall be in accordance with the norms, convenient, efficiency principle, improve the legal aid application, examination and approval, undertake the assignment, work procedure, work system and service standards, improve the quality and efficiency of legal aid.

Legal aid information platform to build and perfect the legal aid agencies at all levels as well as the legal aid agencies and the relevant state organs, social groups, interconnection, to achieve resource sharing information of legal aid, legal aid channels.

Article thirty-fifth the judicial administrative department shall establish a sound system of quality management of legal aid, to establish the quality standard for legal aid cases, legal aid in quality supervision, inspection and evaluation, and in an appropriate manner the regular legal assistance to the public, accept social supervision.

The fifth chapter legal liability

Article thirty-sixth violation of this Ordinance, laws, administrative regulations contain penal provisions, from its provisions.

Thirty-seventh legal aid institutions and their staff in any of the following circumstances, the persons directly in charge and other directly responsible personnel shall be punished; if there is illegal income, the confiscation of illegal income; if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law:

(a) to provide legal aid to do not meet the conditions of legal aid personnel, or refusing to provide legal aid to meet the conditions of legal aid staff;

(two) for legal aid cases receive property or seek other illegitimate interests;

(three) engaged in paid legal services;

(four) to conceal the legal aid cases progress to the recipient;

(five) the privacy disclosure;

(six) occupation, privately divide, the legal aid fund.

Illegal charge for legal aid of the case to return the property, by the judicial administrative department shall order it to make embezzlement, misappropriation; dividing, the legal aid funds, recovered by the judicial administrative department shall order it to.

Thirty-eighth law firm refused to appoint legal aid institutions, not arrange the lawyer to handle the legal aid case, given a warning, by the judicial administration department shall order rectification; if the circumstances are serious, shall be ordered to suspend business for more than 1 months following 3 months.

The lawyer refuses to accept, terminates the legal aid cases or collect property for legal aid cases, give a warning, by the judicial administrative department shall order it to make corrections, and return the illegal collection of property, the property value can be 1 to 3 times the fine; if the circumstances are serious, shall be ordered to stop practicing for more than 1 months following 3 months.

Article thirty-ninth in legal aid issues false certificate of economic difficulty, from where the unit or the competent department at a higher level to the relevant responsible persons shall be given a warning, ordered to correct.

Citizens to concealment, deception or other improper means to obtain the legal aid, legal aid agencies at the termination of legal aid, it shall collect relevant legal aid fees.

Fortieth relevant state organs, state-owned enterprises and institutions and the social organizations and arbitration institutions, notary organs, the judicial authentication institution, the legal aid matters, not related to the cost of relief according to the provisions of this Ordinance, shall be ordered to make correction by the competent administrative department, a refund of fees.

Forty-first judicial and administrative departments, and other relevant staff of state organs in the legal aid work, fails to perform the corresponding responsibilities in accordance with the provisions of this Ordinance, by their units or the competent department at a higher level shall order it to correct, if the circumstances are serious, disciplinary sanctions shall be imposed on the person directly in charge and the person directly responsible.

The sixth chapter supplementary provisions

Article forty-second of this Regulation shall be implemented as of October 1, 2011.