"Legal Aid Ordinance" Beijing knowledge quiz

 

   What are the implications of the 1 "the Beijing Legal Aid Ordinance" promulgated?

   As the local laws and regulations of our city first legal aid, "Beijing city ordinance" promulgated, is a major event in the process of legal aid cause I, is to implement the spirit of the 17th Party Congress, a concrete manifestation of the implementation Scientific Outlook on Development, pay attention to people's livelihood issues. Is of great significance for the scientific development to improve the rule of law construction, our democracy to construct national capital harmonious society and promoting the capital legal aid cause of. For this, the legal aid work in our city further embarked on the track of the rule of law, has entered a new period of development, important.

 

   What is the main content of the 2 "the Beijing Legal Aid Ordinance"?

   "Beijing city ordinance" clearly stipulates the legal aid application scope, acceptance and review procedures, regulations, measures, the two levels of government in city, county and the relevant departments, social organizations and citizens concerned in legal aid obligations and responsibilities, but also makes clear the legal responsibility of violation of "Beijing city ordinance" behavior. "Beijing city ordinance," a total of 6 chapters, 39, including general principles, the scope of legal aid, legal aid application and examination, the implementation of the legal aid, legal liability, supplementary provisions.

 

   3 "the Beijing Legal Aid Ordinance" what specific provisions for the government to implement the financial support of responsibility?

   "Beijing city ordinance" refinement of the State Council "Legal Aid Ordinance" "government provide financial support to legal aid" requirement, the city and county governments should be clearly defined legal aid funds included in the budget at the same level, coordination of security and economic, legal aid and social development.

 

   4 citizens would be what civil, administrative matters to apply for legal aid?

According to the "Regulations" provisions of Beijing City ninth, citizens on matters of the need for agent, due to economic difficulties has not entrusted agent, can to apply for legal aid:

(a) request the state compensation;

(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) because of family violence, abuse, abandonment, the legitimate rights and interests are violated, the request of judicial protection;

(seven) due to traffic accidents, accidents, medical accidents, quality accidents and other personal injury accident caused personal injury compensation request;

(eight) other matters of legal aid provisions of laws, regulations and the Municipal People's government.

　

   5 criminal proceedings can be to apply for legal aid in what circumstances?

According to the "Regulations" provisions of article thirteenth of the Beijing City, one of the following circumstances in criminal litigation, citizens to apply for legal aid:

(a) the suspect during the investigation stage since it was the first interrogation or compulsory measures adopted by date, due to financial difficulties did not hire a lawyer;

(two) days from the case to the prosecution of cases of public prosecution, the criminal suspect due to economic difficulties counsel did not entrust;

(three) cases of public prosecution from the date of public prosecution, the defendant has not appointed a defender;

(four) 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;

(five) cases of private prosecution by the prosecutor and his legal representative, from the day the court handles the case, because of financial difficulties not to entrust agents ad litem.

 

   What is the 6 Beijing city identified legal aid difficult economic conditions?

   According to the "Regulations" provisions of Beijing City tenth, difficult economic conditions of civil legal aid application, in accordance with state and city low-income families identified standards.

At present, according to the "notice on regulating and coordinating the temporary assistance system" (2008) (Mini save hair No. 546) regulations 2009, urban low income family standards for the city of Beijing (local) the minimum living security standard for urban and rural residents 170%.

 

   7 the applicant to apply for legal aid, the circumstances under which is not affected by the difficult economic conditions?

   According to the "Regulations" provisions of Beijing City, eleventh, twelfth, migrant workers because the request to pay labor remuneration or compensation for legal aid, and citizens do boldly what is righteous acts resulting in the implementation of their legitimate rights and interests are damaged to apply for legal aid, not subject to the provisions of the difficult economic conditions of patients. 

 

   8 legal aid institutions without the need for a criminal defendant economic status review and shall provide legal assistance is what?

   According to the "Regulations of Beijing City," the provisions of article fourteenth, 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 for economic conditions on the defendant's review.

 

   9 citizens apply for legal aid agency, criminal defense should be submitted to what certificate, proof material?

According to the "Regulations" provisions of Beijing City eighteenth, 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) and the application for legal aid cases related materials.

Economic difficulties proof issued by the applicant's domicile neighborhood offices, Township People's government. Economic difficulties that should include the information the applicant status, family population, family income per capita.

 

   10 legal aid applicant is not required to provide proof of the economic difficulties in what circumstances?

According to the "provisions of Beijing city ordinance" in article nineteenth, the applicant can prove that any of the following circumstances, legal aid agencies can directly identify the economic difficulties, no need to provide the eighteenth paragraph second of the economic difficulties proof:

(a) belongs to the beneficiaries;

(two) to receive the minimum living allowance or difficulties of life grants;

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

(four) severe disability or suffering from major diseases and no fixed source of;

(five) the people's court for judicial assistance.

    

   11 legal aid agencies to review the application deadline is a few days?

According to the "Regulations" provisions of article twenty-first of the Beijing City, the legal aid institutions shall complete the examination within 5 working days and to decide whether or not to provide legal aid decision since the date of acceptance of application for legal aid.

 

   12 legal aid institutions for what can not provide legal aid shall provide the applicant? 　

   According to the "provisions of Beijing city ordinance" in article twenty-second, provides legal assistance for any of the following circumstances can not, the legal aid institutions shall provide the applicant:

(a) application does not belong to the people's court or other non litigation affairs institution accepts range;

(two) for the relative person not clear;

(three) the legal aid matters have been closed or disposed of, the applicant on the same facts and reasons to apply for legal aid;

(four) other circumstances to provide legal aid is not in accordance with the provisions of laws, regulations.

 

   13 the applicant may withdraw the application for legal aid?

   According to the "provisions of Beijing city ordinance" in article twenty-third, the applicant may withdraw the application for legal aid. If the applicant withdraws the application on the same matter again apply for legal aid, legal aid agencies shall not be accepted, but can prove to withdraw the application against the true meaning except.

 

   Any notice 14 applicants for legal aid institutions does not meet the conditions of legal aid, what can be done?

According to the "Regulations" provisions of Beijing City twenty-fourth, the applicant to make the legal aid institutions decided not to provide legal aid have objections, can be determined within 15 days or the judicial administrative department of construction of the legal aid institutions for review from the date of receiving the decision.

The judicial administrative department shall receive to complete the review within 5 working days as of the date of application for review. After review, that meet the conditions of legal aid, should be in written form shall order the legal aid institutions to provide legal aid, and notify the applicant; that do not meet the conditions of legal aid, legal aid agencies shall maintain the decision, and notify the applicant.

 

   15 legal aid agencies to provide legal aid for the recipients of what form?

According to the "Regulations" provisions of article twenty-fifth of the Beijing City, the legal aid may take the following forms:

(a) legal consulting, 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) other legal aid law, regulations.

 

  16 the people's court shall pay to the recipient in legal fees have any reduction, exemption, mitigation measures?

According to the "Regulations" provisions of Beijing City twenty-seventh, litigation cases with legal aid institutions, the recipient to the people's court proceedings, the people's court shall postpone the litigation fee.

The people's court recipient prevails, litigation fees shall be by the other party the burden; decision recipient loses the case, court decision to reduce, from legal fees according to the recipient economy.

 

  17 other state organs, institutions have any obligation to assist the legal aid workers and the recipient?

According to the "Regulations" Regulations of legal aid in Beijing City twenty-eighth, legal aid staff in handling legal aid cases, by legal aid official files using, investigation and evidence collection, the state organs, institutions and other organizations shall assist.

Costs associated with the recipient involved in receiving legal aid in the process of legal fees, notary fees, appraisal fees and legal aid workers in the case of access to archives, engaged in the investigation and evidence collection activities involved, exempt, in accordance with state regulations, reduce or postpone the.

 

   18 recipient shall be terminated assistance under what conditions?

According to the "Regulations" provisions of Beijing City, thirtieth, was found in any of the following circumstances, legal aid staff shall be the legal aid institutions to provide legal aid to the decisions made in the report, the legal aid institutions shall terminate upon examination and verification, legal aid:

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

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

(three) cases trial termination or has been removed;

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

(five) to terminate the recipients of legal aid;

(six) the recipient protocol violation of legal aid, to continue to fulfill the agreement.

 

   19 legal aid personnel shall perform the obligation of what?

According to the "Regulations" provisions of Beijing City thirty-first, legal aid personnel shall abide by the occupation morals and professional discipline, the implementation of legal aid in accordance with the law, safeguard the legitimate rights and interests of the recipients, and shall not conduct the following acts:

(a) unwarranted refusal, delay or stop the implementation of legal aid;

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

(three) not timely to the legal aid recipient reporting progress;

(four) disclosure of the privacy of the parties.

 

   20 recipient what rights and obligations?

According to the "Regulations" provisions of Beijing City thirty-third, recipient shall have the right to apply to legal aid institutions or legal aid workers to understand the progress to provide legal aid to its; there's the fact that legal aid staff do not perform their duties according to law, the recipient can request a replacement.

   The recipient shall make statements related to the legal aid cases, timely provide relevant evidence materials, with assistance, legal aid agencies and legal aid workers to carry out the legal aid work.