Legal aid and other related laws and regulations

The Supreme People's Court on the economic difficulties of the parties to provide judicial assistance

Article 1 in order to enable the economic difficulties of the parties are able to exercise their litigation rights according to law, safeguard their legitimate rights and interests, according to the "PRC Civil Procedure Law", "administrative procedure law of the people's Republic of China" and "the people's court litigation fees", the enactment of this provision.
Article second the term judicial relief, is refers to the people's court for the parties to safeguard their legitimate rights and interests, civil, administrative action to the people's court, but the economy is difficult, the litigation cost reduction, exemption, deferment.
Article third the parties in accordance with the provisions of article second and has one of the following circumstances, may apply to the people's court for judicial assistance:
(a) recourse alimony, maintenance, upbringing, pension;
(two) the elderly, orphans and rural "five guaranteed";
(three) no fixed source of disabled people, people with serious disorders;
(four) the provisions of the state, the special object placement;
(five) recovery of social insurance, labor compensation and economic compensation;
(six) the traffic accidents, medical accidents, accidents, quality accidents or other personal injury accident victims, claim for compensation;
(seven) due to do boldly what is righteous or for the protection of public interests in their own legitimate rights and interests are damaged, or my close relatives to claim compensation or economic compensation;
(eight) the migrant workers recourse labor remuneration or other violations of the legitimate rights and interests and claim for compensation;
(nine) are city dwellers to enjoy the minimum living security, rural poor households relief or receiving unemployment insurance, no other income;
(ten) due to natural disasters and other force majeure caused by the difficulties of life, is to accept the social relief, or family business difficult to continue;
(eleven) sue the administrative organs in violation of the obligations of the request;
(twelve) are receiving the Legal Aid Department concerned;
(thirteen) the parties for the social welfare institutions, nursing homes, excellent hospital, mental hospital, SOS children's villages, social relief stations, special education institutions and other social public welfare units;
(fourteen) other circumstances do need judicial assistance.
The fourth parties shall request the people's court for judicial assistance, shall submit a written application and proof proof materials which have financial difficulties in the complaint or appeal. The difficulties of life or recourse for basic living expenses for judicial assistance, the standard of proof should provide citizens with economic difficulties and family economic status in accordance with the local civil affairs, labor and social security departments.

Request Fifth People's Court on the judicial assistance, upon examination in accordance with the provisions ofAmong the third cases, case should allow parties to the postponement of the litigation costs.
Article sixth the decision of a people's court for judicial assistance a party, the other party loses, the cost of litigation by the other party to pay; refusing enforcement is not paid.
    The other party may apply for legal aid case, the financial situation of the parties decide the reduction, exemption of the litigation costs. Decide to reduce litigation costs, reduction ratio shall not be less than 30%. In accordance with the provisions of article third and second, the provisions of the ninth case, shall be exempt from litigation expenses.
   Article seventh the parties request the postponement of the litigation costs, by the judge in charge of the case or the collegial panel comments, reported to the approval of the request of the parties; reduction, exemption of the litigation costs, by the judge in charge of the case or the collegial panel comments, the president after approval, reported to the approval of the director.

    The Eighth People's court decision on the reduction, exemption of litigation fees, shall be specified in the legal document.

    Article ninth party for judicial assistance, the people's court shall order the payment of litigation costs; refused to pay, to disturb the litigation behavior punished.

    Tenth the provisions shall come into force upon promulgation.

Notice of the Supreme People's court, the Ministry of Justice issued on the "Regulations" on the legal aid work in civil litigation

Department:The Supreme People's court, the Ministry of Justice

Release date:In 2005 09 months 22 days

Notice of the Supreme People's court, the Ministry of Justice issued on the "Regulations" on the legal aid work in civil litigation

Company made through [2005]77

The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, the judicial department (bureau), PLA military court, the General Political Department of the Bureau of justice, the higher people's Court of the Xinjiang Uygur Autonomous Region production and Construction Corps Branch of Xinjiang production and Construction Corps, Bureau of justice:
In order to further strengthen and standardize the work of legal aid in civil litigation, the Supreme People's court, the Justice Department formulated the "Regulations" on the legal aid work in civil litigation, are hereby printed and distributed to you, please follow.

Provisions on the legal aid work in civil litigation

Article 1 in order to strengthen and standardize the legal aid work in civil litigation, according to the "PRC Civil Procedure Law", "Lawyers Law of the people's Republic", "Legal Aid Ordinance", "Supreme People's Court on the economic difficulties of the parties to provide legal aid regulations" (hereinafter referred to as the "judicial relief provisions"), and other relevant provisions, combined with the actual work of legal aid, the enactment of this provision.

Civil rights matters second citizens "Legal Aid Ordinance" article tenth in accordance with the requirements of litigation, may apply for legal aid to the legal aid institutions in accordance with the provisions of "Legal Aid Ordinance" article fourteenth.

Standard third citizens with economic difficulties, where a case is accepted by the province, autonomous region, municipality directly under the central government regulations.

Article fourth the legal aid institution accepts an application for legal aid, should be in accordance with the relevant provisions of the timely review and make a decision. To meet the conditions of legal aid, decided to provide legal aid, and inform the people's court in which the party may have jurisdiction to apply for legal aid. Is not eligible for legal aid, not make a decision aid.

Fifth the applicant not aid to the legal aid institutions decided to have the objection, may propose to the judicial administrative department of the legal aid institutions are determined. The judicial administrative department shall examine the application within 5 working days after receiving his objection, review by the applicants who 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 notify the applicant. That the applicant does not meet the conditions of legal aid, legal aid agencies should be maintained not aid decisions, and will maintain a decision shall notify the applicant in writing.

Article sixth the parties according to the relevant provisions of "judicial relief provisions" leading to the people's court for judicial assistance approved, the people's court may inform the can in accordance with the provisions of "Legal Aid Ordinance", to apply for legal aid.

Decision seventh parties to give judicial relief to the people's court as the basis, to apply for legal aid, legal aid agencies to comply with the "Legal Aid Ordinance" Tenth regulations, no longer review their compliance with the standard of economic hardship, shall directly make a grant of legal aid decision.

Article eighth the parties decided to give legal assistance to legal aid institutions as the basis, to the people's court for judicial assistance, the people's court shall not review their compliance with the standard of economic hardship, shall directly make for judicial assistance decision.

The Ninth People's court legal aid institutions according to the granting of legal aid decision to grant the request of the parties, the recipient of judicial relief, judicial relief should be according to the "Regulations" the provisions of article fifth, leading to the postponement of the litigation costs to the parties to decide, after trying a case according to the specific circumstances of the case, in accordance with the "Regulations" judicial assistance the provisions of section sixth determines the burden of the cost of litigation.

Article tenth the people's court shall support the legal aid institutions assigned or arrangement undertakes legal aid of the case to staff in the implementation of legal aid in civil litigation, to provide convenient conditions in consulting, reproduce, copy the case materials, the personnel undertakes legal aid of the case of related materials necessary expenses shall deduct or exempt, reduction according to standard of copied material must fee calculation.

Eleventh legal aid of the case to the recipient in accordance with the provisions of the civil procedure law to apply for advance execution, the people's court ruling for prior execution, can not ask the recipient to provide corresponding guarantees.

Twelfth legal aid cases of civil lawsuit appears "Legal Aid Ordinance" prescribed in article twenty-third termination of legal aid or "judicial relief provisions" prescribed in article ninth withdrawal of judicial relief situation, legal aid agencies, the people's court shall be terminated in legal aid decision or revoke the decision of the judicial relief to inform each other, the other corresponding to the revocation or termination decision.

Thirteenth personnel undertakes legal aid of the case shall, in the process of handling cases of due diligence, abide by the occupation ethics and practice discipline.
The legal aid institutions shall carry on the business guidance and supervision of the legal aid activities on undertakes legal aid of the case to personnel, to ensure the quality of legal aid cases.
The people's court in the process of handling cases that undertakes legal aid of the case violates the occupation ethics and practice discipline, damage the interests of the recipient, shall timely to make legal aid agencies assigned to inform about the situation.

Article fourteenth the people's court shall in the judgment, ruling that make the legal aid institutions, the assigned persons and their undertakes legal aid of the case to the practice of institutions.

Fifteenth the provisions shall be implemented as of December 1, 2005. The Supreme People's court, the Ministry of justice in April 12, 1999 issued "on the civil legal aid work of joint notice" and these Provisions are in conflict, these Provisions shall prevail.