Legal aid lectures

The legal aid center of Xinxiang city Zhang Hui

 

Comrades:

According to the training content, by my current situation of legal aid and legal aid scope, and we will study together to exchange. I mainly talk about two issues:

 

Aid work status and development trend of the law, my city

(a) the Party committee and government attach more and more importance to the work of legal aid, development environment is getting better and better legal aid work

The Xinxiang Legal Aid Center was established in 1998 October, by the end of 2002, 12 counties (city) District Legal Aid Center was established. The legal aid work in Xinxiang city since its inception, has been to push the party committees, governments at all levels. In 2008, City Hall office transmitted "on the determination of the Xinxiang legal aid economic difficulties standard opinion", and the legal aid work in solving the masses are most concerned about, the most direct. To provide the necessary conditions and great support at all levels of government from the organization, staffing, funding and other aspects for the legal aid work. In 2009, the Xinxiang municipal Party committee, City Hall the legal aid work in ten things for the people for the provincial Party committee, the provincial government in 2010; the legal aid work in ten things for the people management; national legal aid work conference fifth was held, the provincial Party Secretary Xu Guangchun, Secretary Li Xinmin, deputy governor Li Ke has on legal aid work instructions, I Municipal Committee Secretary Yi Zhenli, vice mayor Comrade Meng Gang to listen to the relevant legal aid work report repeatedly, explicit requirements for legal aid in the legal aid funds, in order to solve the problem, the reception room to help coordinate. The National People's Congress, the CPPCC leadership have repeatedly visited the center for legal aid, put forward opinions and suggestions on the development of the legal aid work. In 2010, Xinxiang City Hall Zhengwen to new 2010 Third, issued "on Further Strengthening and improving the legal aid work opinions", development goals, on the city in the next three years, the legal aid work tasks, measures made specific deploy. Can say, the development environment is getting better and better legal aid. The counties of the legal aid work is also more and more attention, the legal aid funds greatly enhance security, a substantial increase in the level of a major breakthrough, the reception room construction. Can say, the legal aid work, I went to a new level.

(two) the government led, community wide participation in the legal aid work pattern has been formed, the legal aid network more perfect

Xinxiang City, the existing legal aid institutions 13, on establishing legal aid staff team at the same time, the legal aid institutions also actively guide and encourage social forces to participate in the work of legal aid, has approved the establishment of a "Military Legal Aid Center", "women's Legal Aid Center", "students legal aid center" and other legal aid. On this basis, the city also rely on grassroots judicial offices, relying on the Communist Youth League, women's federations, associations, trade unions, the Committee on aging, Sun Village, established 186 legal aid workstation (accepted), in the two level courts have established lawyer office on duty, the legal aid organization, the legal aid institutions further extending to the basic unit, the initial formation of city, county (city), the legal aid institutions Township three levels of government led, social organization legal aid as a supplement, the end longitudinal, transverse to the edge, the coverage of the legal aid work network. This year will further improve, the establishment of legal aid in the city all administrative village people's mediation mechanism based on liaison, responsible for the first line of legal publicity and public legal aid application guide service.

(three) the legal aid security is increasing continuously, funds increased year by year

Financial security is a prerequisite for legal aid work. In 2003, Xinxiang Legal Aid Center funds into the financial budget at the same level, since the 2007 Central Government began to carries on the subsidy to the local legal aid case funds, all over the city as an opportunity, increase funding for legal aid and supporting efforts, at present, 12 counties (city) District Legal Aid center are included in the fiscal budget at the same level. 2011 years, the security level of legal aid can only increase, not decrease.

(four) the construction of the legal aid system step by step, the legal aid work more and more standard

I'm from the institutionalization, standardization and combined with the actual work of Xinxiang city has been formulated, on reception system, acceptance review assignment system, file management system, accept a point system, lawyer duty system and some work system is carried out, revision, supplement, perfect, sent to the county (city) district the legal aid center. Implement the quality control mechanism of handling the case, pay close attention to internal management, increase the county (city) district legal aid work guidance and supervision, to ensure that legal aid qualified rate increased year by year. Each county (city) district legal aid agencies to accept, assignment, management, closed, to further standardize the archive work, in strict accordance with the requirements of unified use province issued by the Ministry of Justice Center format documents; to actively regulate the case handling procedures, strict filing binding, timely filing Legal Aid Center carefully review, do not meet the requirements of the return, portfolio complete material, meet the filing requirements, the recipient of the contractor service attitude, for the evaluation of satisfaction, can be archived and receive the subsidy.

(five) the legal aid continues to decrease, benefit the masses more and more

In 2005, the Xinxiang Municipal Bureau of justice promulgated the "Regulations" Xinxiang citizens apply for legal aid economic difficulties and matters of legal aid scope, standard economic difficulties for applicants for legal aid and legal aid matters to a range of new regulations. In 2007, the Municipal Judicial Bureau issued a "Notice of the general office of the people's Government of Henan Province Department of justice on the determination of the forwarding of the scope of legal aid and economic difficulties standard opinion". To further expand the scope of legal aid, several situations and will meet the conditions of legal aid to stop censoring its economic status. In 2008, legal aid center drafted "on the determination of the Xinxiang legal aid economic difficulties standard opinion", and by the City Hall office transmitted, further reducing the legal aid threshold, relaxation of the economic difficulties, namely the urban minimum living security standard of 1.5 times as our legal aid economic difficulties standards, at the same time some migrant workers, low-income families are no longer review of economic situation, convenient and specific groups to apply for legal aid. In 2010, City Hall "opinions" on Further Strengthening and improving the legal aid work, medical care, schooling will be difficult masses employment matters, labor disputes and land, residential land, agricultural production material disputes in matters of legal aid scope, 2 times the standard economic difficulties to minimal assurance line, the coverage of legal aid the city more than 35%.

(six) cases is increasing continuously, the legal aid work with remarkable results

From the beginning of the establishment of the nearly 100 to 3331 in 2010, the number of year by year increase of legal aid case. Especially in the past three years, with the assistance to make aid work, legal aid cases with an average annual growth rate of 30% to. With the opening of the 12348 advisory telephone, promotion court duty visit to inquire passengers, high-speed growth. Increasing in caseloads as a symbol of the efforts at the same time, the legal aid service function unceasingly strengthens, the judicial administrative organs at all levels based on the needs of the development of the situation, highlight key points, actively focus on the overall situation of the work of the government to carry out the work. The prominent problems in the social focus on migrant workers, immigration, the arrears of wages of migrant workers, the immigration legal Easy Access as the main mode of legal aid special action to clean up, to provide quality and efficient legal services for special groups.

(seven) and actively carry out legal aid activities, strengthen law consciousness of the masses

We use the media, network, broadcast, TV and other media to carry out extensive publicity. Legal aid campaign to "Match 8 Women's Day", "3.15 International Consumer Rights Day", "Chong Yang Festival" "Xinxiang peace building activities", "the construction of a harmonious society", "three to the countryside", "legal" six mass is concentrated activities as the carrier, make full use of the broad participation of the masses platform, carry out publicity activities, services, consulting, rights. During the Spring Festival, and make full use of wheat harvest, migrant workers returning home to peak this favorable opportunity, focus on the migrant workers legal aid campaign, the legal aid, legal aid and guide that card information to farmers, enhance the legal awareness of farmers. By the masses love to see and hear form, so that more people understand the legal aid system, expand the legal aid coverage, improve the masses of legal aid awareness, lay a solid social foundation for the further development of the work.

The current legal aid development trend:

Sufficient legal assistance work is poor, weak economic benefits the whole sunshine project, is to consolidate the ruling foundation enhance government prestige project of common feelings of people, is a basic project of maintaining stable overall situation of building a harmonious society. This has become the consensus of all levels of government. The fifth national legal aid work conference, comrade Zhou Yongkang evaluation of such legal aid work: the legal aid work directly provides legal services to the difficulties of the masses, is an important livelihood of the people project, benevolent works; the establishment of a legal aid system objective, is to implement "the constitutional principle of equality before the law", let people enjoy equal legal protection, enjoy social fairness and justice; to always ensure the fairness and justice as the first value of the pursuit of legal aid; legal aid is a basic job of building a socialist harmonious society. The evaluation of the legal aid system and the requirement is true and profound. Legal aid system is an important judicial system of a modern country under the rule of law, protection of human rights, is fundamental in maintaining stability, the service of the people's livelihood significance, is fair, justice, democracy and other basic social value to provide security system. Zhou Jisheng of deputy director general of the Department of justice pointed out: the legal aid work of Party committees and governments to improve the fit and safeguard the livelihood of the focus of the work, has a broad space for development.

In March of this year's session of the National People's Congress passed the "national economic and social development in the twelfth five year plan," 12th Five Year Plan of Henan province will be the legal aid included."Henan peace building outline (2011 - 2015)", put forward: the increase of legal aid efforts, and strive to achieve the support to make aid requirements. Government funding for legal aid is more and more big, the bottleneck problem of the legal aid funds effectively solved. The legal aid foundation facilities have greatly improved, the legal aid network continues to improve, the implementation of the rising powers, legal aid work will become an important platform for people's daily rights of resolving social contradictions, become an important means to promote the building of a harmonious society, as the maintenance measures of basic social fairness and justice. Legal aid has come into people's daily life, the next step, play the legal aid in the resolution of social conflicts, social management innovation plays a more important role will point the day and await for it.

Two, our legal aid cases the scope and standards of economic difficulty

Legal aid is refers to the people's government at or above the county level shall set up a legal aid organization legal aid workers, a legal protection system for the economic difficulty or in special cases of the parties to provide free legal services.

(a) the scope of legal aid

1, requesting for state compensations;

2, request for social insurance treatment or the minimum living allowance;

3, the request is issued to the pension, benefits;

4, request for payment of alimony, maintenance fee, maintenance fee;

5, request to pay labor remuneration;

6, advocate for civil rights and interests arising do boldly what is righteous behavior;

7, request inductrial injury, medical accident, traffic accident compensation;

8, because of family violence, abuse, abandonment and safeguard the legitimate rights and interests of the request;

9, migrant workers, the elderly, disabled, minors to request compensation for personal injury;

10, the economic difficulties of the disabled veterans, awarded medals and life difficult parents, spouses, children of martyrs of the request of safeguarding legitimate rights and interests.

11, the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, due to financial difficulties did not hire a lawyer;

12 in the case of public prosecution, the victims and their legal representatives or near relatives, since the case is transferred for examination before prosecution date, due to financial difficulties did not entrust agents ad litem;

13 cases of private prosecution, the prosecutor and his legal representative, since the case by the people's court date, due to financial difficulties did not entrust agents ad litem;

14, 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;

15, 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 situation review of the defendant;

(two) citizens apply for legal aid economic difficulties standards

The economic difficulties standard legal aid 1, Xinxiang city for 2 times in the local urban residents minimum living guarantee standard. Urban residents minimum living standards, by the city, county (city) people's government was announced as the amount of.

Civil legal aid application meet one of the following conditions, no longer censor its difficult economic situation:

(1) holding the Civil Affairs Department issued the "city residents minimum living guarantee", "rural residents of the minimum living guarantee," (or "rural poor households relief certificate", "five guarantees card");

(2) can be proved to be supported by the government in social welfare institutions in nursing homes, orphanages;

(3) request to pay labor remuneration, migrant workers industrial injury compensation and personal injury compensation;

(4) advocate for civil rights and interests arising do boldly what is righteous behavior.

(5) the court has placed on file and application for judicial assistance.

Civil legal aid application materials to be submitted:

1, identity card or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney; 2, economic status or proof of "city residents minimum living guarantee", "rural residents of the minimum living guarantee", "rural poor households relief certificate", "Five Guarantees", and the 3 card; to apply for legal aid cases related materials. 4, migrant workers request to pay labor remuneration and compensation, are required to submit proof of identity and proof of local workers in.

Citizens shall apply to legal aid institutions where

(a) claims for state compensation, the organ for compensatory obligations apply to legal aid institutions where the;

(two) request for social insurance treatment, the minimum living allowance or request grant pension, benefits, to provide social insurance, minimum living guarantee or legal aid institutions pensions, welfare obligations authorities where the application;

(three) request for payment of alimony, child support, maintenance, legal aid agencies to alimony, maintenance, maintenance of the obligor domicile apply;

(four) request to pay labor remuneration, to apply to legal aid institutions to pay labor remuneration obligor domicile;

(five) maintain because do boldly what is righteous behavior from the civil rights and interests, to apply to legal aid institutions requested by the people of the place of domicile;

(six) parties in criminal cases to apply for legal aid, legal aid agencies should be the people's court to the case where the application. The suspect who is detained by the house of detention for 24 hours to the legal aid agencies, legal aid application required documents, documents submitted by the applicant notified by the legal agent or near relatives to help provide;

(seven) other cases to the court where the legal aid agencies at the same level for;

(eight) the arbitration case shall apply to the arbitration organ where the legal aid agencies at the same level;

(nine) a local legal aid agencies in other non litigation legal aid matters should occur to applicant, domicile or the reasons for.

Examination and approval procedures: citizens or his legal representative, close relative, authorized agent proposes legal aid application and submit relevant materials of proof; the reception staff to review the application materials, and shall notify the applicant in response time, and return the application materials in a working days for approval; the relevant person in charge of receiving the application materials make a decision within 2 days, and notify the applicant; law firm lawyers in the arrangement within 2 working days, and began to undertake matters.