Shandong legal aid case acceptance point

Provisional Regulations on Management

 

Article 1To guide and standardize the legal aid case acceptance work, safeguard more difficult masses to obtain the necessary legal assistance, according to the "Legal Aid Ordinance", "Shandong Province, the Legal Aid Ordinance" and the relevant rules and regulations, the enactment of this provision.

Article secondLegal aid cases receiving point is for the convenience of the difficulties of the masses to ministries and agencies to apply for legal aid and approved law firm.

Legal aid cases accepted entrusted by the local legal aid institutions, in the course of doing business, apply for legal aid to meet the conditions of legal aid case the parties, legal aid agencies are reviewed, in accordance with the relevant provisions of acceptance, and the timely provision of legal aid, legal aid agencies for the record.

Article thirdLegal aid receiving point should meet the following conditions:

(a) good social reputation, public spirited undertakings, professional strength;

(two) to determine the personnel responsible for the admissibility of daily work;

(three) standard management, and improve various rules and regulations;

(four) to ensure the quality of handling legal aid cases.

Article fourthLegal aid cases accepted shall perform the following duties:

(a) to seek legal services to citizens, in consultation with the reception if it may meet the conditions of legal aid, it shall inform the may apply for legal aid, and explain the difference of legal aid and legal service.

(two) in the local legal aid agencies under the guidance of the application for legal aid, to accept Party put forward.

(three) the preliminary examination of the application for legal aid proposed by the parties, in line with the conditions of the guidance, the parties to complete the "application form" and "legal aid legal aid applicant and family economic status".

(four) the parties will should submit relevant certification materials ready, to meet the conditions of legal aid cases, 24 hours to arrange the lawyer to handle the legal aid matters, and reported to the local legal aid agencies for the record within 3 days. If the conditions are not met, patiently to explain, and points out the other channels or put forward reasonable proposals.

(five) is likely to affect the social stability of the group events, is in need of legal aid, legal aid agencies to provide information to the local time, and take active measures to resolve contradictions and disputes.

(six) to assist the legal aid institutions for legal aid of the case handling quality of supervision, management.

(seven) in accordance with the requirements of the legal aid institutions, to collect and report to relevant legal aid information data, and make legal aid statistical work.

Article fifthCitizens of the following matters need to agent, due to economic difficulties has not entrusted agent, can make an application for legal aid to the legal aid cases:

(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;

(six) advocate for civil rights and interests arising do boldly what is righteous behavior;

(seven) because of injury, traffic, medical or other personal injury accident suffers personal injury compensation or compensation requirements;

(eight) due to the labor contract between the rights and interests are demanding compensation for damages or compensation;

(nine) suffered domestic violence, abuse, abandonment by demanding compensation for damages or compensation;

(ten) for land acquisition, demolition of the rights and interests are demanding compensation for damages or compensation;

(eleven) because of fake seeds, pesticides, fertilizers and environmental pollution make rights and interests are demanding compensation for damages or compensation;

(twelve) other matters of legal aid scope prescribed by the local people's government.

Article SixthThe party is under any of the following circumstances of criminal cases, can accept a point to apply for legal aid to the legal aid cases:

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

(two) cases of private prosecution by 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.

Article seventhCitizenship matters belong to the scope of legal aid, and hold the certificate or certification materials, exempt from difficult economic review, legal aid case acceptance points can be handled directly:

(a) to hold the Civil Affairs Department issued the "city residents minimum living guarantee", "rural residents of the minimum living guarantee", "rural poor households relief certificate", "rural" Five Guarantees "card";

(two) trade unions issued special permit workers;

(three) other civil affairs department issued relief, relief documents to the local people's government;

(four) the people's Court on the application relating to the case has been decided to give judicial relief to the applicant's certificate;

(five) proof material in social welfare institutions funded by the government to support or by charitable contribution;

(six) holds one or two level disability certificate and no fixed source of;

(seven) depending on the materials that governments or units pay pension life.

Migrant workers request for payment of labor compensation and work injury compensation cases, 65 years of age and no fixed source of old claim alimony case, and citizen advocates do boldly what is righteous behavior for civil rights cases, no review of economic difficulties.

Article eighthNo seventh enumerated Certificate (certificate) and other economic difficulties the citizen, legal aid application, must provide the township (street), the village (neighborhood) issued by the Council of economic difficulties proof. Economic difficulties standards prescribed by the local people's government standards.

Article ninthLegal aid cases receive accept legal aid cases, shall comply with the provisions concerning the jurisdiction of Shandong province "Legal Aid Ordinance".

The request of the applicant does not belong to the receiving point to accept, should inform and help the applicant to apply to legal aid institutions.

Article tenthCitizens to apply for legal aid, it shall submit the following materials:

(a) "legal aid application form";

(two) the resident identity card, residence certificate or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney;

(three) from difficult economic review documents (certificate) or "legal aid applicant and family economic status";

(four) and the legal aid matters relating to the application of materials.

Article eleventhThe legal aid case acceptance should arrange responsible for legal aid application review and acceptance work. Conscientiously do a good job applicant family economic status, application situation and ask the work of litigation, and record.

Conversation record shall be read out to the applicant by the applicant on the spot or reading, the applicant without objection sign the record.

Article twelfthLegal aid cases handled in deciding to accept the application for legal aid, shall examine the materials submitted by the applicant in accordance with the following requirements:

(a) ID is true (submitted a copy). As for demand generation, shall also provide identity documents and commissioning procedures for applicants;

(two) "legal aid application form" to fill in compliance with the requirements;

(three) "legal aid applicant and family economic status that" is signed in accordance with the provisions of the township (street), the village (neighborhood)'s views and seal, whether to stay with the applicant and the village (community) and director of the poll's contact phone number. The missing shall require the applicant within 5 working days to complete.

Except for the relevant units refused to sign and seal or other force majeure, the applicant is not required to make supplements or explanations, regarded as withdrawal.

(four) there is no can basically reflect the application profile and actionable material evidence, documentary evidence and other material evidence. The evidence is not enough to make whether aid decision, shall require the applicant to supplement, when necessary, should arrange personnel to investigate and make relevant record.

Article thirteenthReview actionable, legal aid case acceptance should economic situation and request the applicant to make matters, whether to grant legal aid decision within 5 working days after it accepts an application for legal aid.

Citizens to accept no aid have objection, should guide them to the local legal aid agencies to apply.

Article fourteenthAcceptance accept legal aid cases, shall, within 3 working days to the situation reported to the local legal aid agencies for the record; litigation, arbitration cases before the court within 3 working days, inform the local time of the session where the legal aid agencies, legal aid agencies to attend to.

Article fifteenthThe legal aid institutions for filing cases with leniency master principle to review confirmed. As the legal aid case acceptance is obviously inappropriate, timely put forward amendments.

Article sixteenthThe legal aid case acceptance to the legal aid institution for archival filing shall provide the following materials:

(a) the legal aid application form;

(two) the recipient ID (household) copy of the proof, the proof of power of attorney agent;

(three) from difficult economic review documents (certificate) or legal aid applicant and family economic status that;

(four) notes;

(five) the legal aid for examination and approval for the record table.

Article seventeenthLegal aid receiving point investigators in making legal aid cases, should be in accordance with the "Shandong provincial legal aid of the case file archiving approach (Trial)" provisions, within 15 days from the closing date, according to the requirements for filing after binding, closure of materials to the local legal aid agencies to review.

Litigation cases to receive judgment (rulings, such as mediation) date for the closing date, non litigation legal affairs on the matters entrusted to completion date for the final day.

Article eighteenthLegal aid receiving point investigators completed after the case, should be the recipients fill in "quality of legal aid cases feedback card" and submit them to the legal aid institutions.

Article nineteenthLegal aid cases per month should fill out the "Statistics" legal aid work, and on the 25 day to the end before the local legal aid institutions.

Article twentiethLegal aid agencies in the receiving point to receive legal aid case file archives and the case report form, in accordance with the "Shandong Province, the quality of legal aid cases inspection methods (Trial)" the provisions of the case file, file review confirmed in 15 days to complete. To meet the requirements, the legal aid institutions by the examination and confirmation according to local standards for the issuance of the subsidies; unqualified to do not belong to the legal aid of the case or the quality of case handling, not the issuance of the subsidy.

Article twenty-firstAccept a point has an objection to the legal aid institution refuses to make the confirmation of legal aid cases, may apply to the judicial administrative organ in charge of the legal aid institutions, judicial administrative organ shall receive objection from the date of five working days for review, to make a written review opinions.

Accept a point not to make judicial review comments, can apply for a review within 60 days from the date of receiving the superior judicial administrative organs review date.

Article twenty-secondThe legal aid institutions to receive legal aid of the case to receive timely review, for the record. The establishment of a special account for registration, a detailed record of related cases, cases and the trial time and location, convenient handling, return the way through to attend the trial supervision cases.

Before every year at the end of 4, the end of 10 by the city legal aid center of collection and the legal aid center of each reporting a.

Article twenty-thirdLegal aid institutions to accept a point to the file, you should carefully review, to meet the requirements for filing cases filed in time.

Article twenty-fourthThe legal aid work acceptance shall comply with the following work system.

(a) unified listing system. Accept the unified listing by Department of justice, the same name as "Shandong legal aid cases receiving point".

(two) announcement system. Accepted the point to the reception site publicity legal aid scope, object and the examination procedure of application and the local legal aid institutions supervision telephone.

(three) the free service system. Accept a point to carry out the legal aid work shall not charge. Accept a point not to contract in the name of legal aid, for non legal aid cases or other paid legal services. Accepted point staff shall not collect money, to the recipient or seek other illegitimate interests.

(four) use the unified format document system of legal aid. Accept a point to carry out the work of legal aid, the use of the unified legal aid format documents.

Article twenty-fifthThe judicial administrative organs at all levels and the legal aid institutions should strengthen the supervision and management to accept the job, found time to correct the problem. The outstanding achievements of work, to be publicity, commendation; to work irresponsible handling, poor quality, low degree of public satisfaction or violation of the relevant provisions of the legal aid violations appear, as the plot for rectification or revoke its qualification of admissible point.

Article twenty-sixthAccept a point staff in violation of occupation morals and practicing disciplines for legal aid cases, the judicial administrative organ in accordance with the "Lawyers Law of the people's Republic", "Legal Aid Ordinance", "Shandong province", "Legal Aid Ordinance of the Ministry of justice on lawyers and grassroots legal service workers to the legal aid in the Interim Measures for the administration". Shall be punished.

 

Appendix: list of accepting 1, Shandong Province, the first batch of legal aid cases

2, format documents