Legal aid, who aid?

Liu Zhijun won the legal aid, do not have to spend money to enjoy the famous major suit lawyer. This makes many people very uncomfortable, have vomit tank: Lao Liu what enjoy this treatment? Wait a minute. You may become a Liu Zhijun, you will also have the treatment.

Of course, estimation of not meeting someone in order to solve the problem and are willing to become bad, Liu Zhijun. Because Liu Zhijun facing death threats. Because of the possibility of death, the law to take special care of the old. Of course not care the old one, but similar to all the accused."Criminal Procedure Law of the people's Republic of China"Thirty-fourth the provisions of the third paragraph: "the suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the." According to the provisions of the criminal law, those things the old crime, pick out a little, is sentenced to life imprisonment, until death. Thus, old Liu is willing to die, to refuse to defend, countries have forced to designate a defender, let him "defense", fairness of state law.

Defendants in criminal cases, some countries regardless of the weight, as long as the defendant is not a lawyer, are by the state pay his lawyer. Our country is still impossible, before is not money, although the money is not a problem now, but the money to spend on the edge. For example, the astronauts of the space, such as dimensional stability. As for the legal system construction, but also take it easy. And the protection of the rights of the accused, the more don't worry. But in some places has already started, like Zhejiang, Yiwu, has done all the accused have the defense counsel, and I contact with a case, the court legal aid lawyers also very hard. According to the lawyers say, just accept the assignment, is intended to be light offence defense. Later affected I Sike faction, the discovery of the parties does not constitute a crime, resolutely decided to plead not guilty.

No matter from the practical point of view or from the normal logic, the defendant may be sentenced to death and their family members, should be positive to hire a lawyer. Especially the duty crime cases, I have never heard that refused to lawyer. As for why the original Liu paid lawyer quit, then refused to ask a lawyer attitude, to wait for the organization designated free lawyer, what is the reason, I never learned to Lao Yang, it comments.

Speaking very ashamed, I although the self proclaimed "Sike lawyer", "human rights lawyers", "public law", but you go to the Beijing judicial bureau legal aid center, I only to handle a legal aid cases. It was a few years ago, my lawyer has finally achieved a specified case, I start first for rob (not wrong), make it. Since then, do not have this chance. Because these years, I even didn't turn a legal aid cases.

You probably cannot read, so many need aid cases, why not? Then I will go a little further:2005Year, I and several human rights lawyers for the Zhejiang Dongyang4.10The defense case defendant, due to the difficulties no fee, we called the legal aid. Results the cases had finished the tribunal, Zhejiang by the justice secretary led delegation to Beijing complaints I, crime has five, one is impersonating legal aid, unauthorized free case, disrupting the legal services market, for unfair competition. Each counts are enough to put my hanging light etc.. At the time dimension stability thinking is not very much, I survived.

You see, our legal aid is composed of monopoly. There is no school division to you, you should own to aid, it is treason and heresy. So, I these years for legal aid (Note: the self proclaimed) cases, pinch index to dozens of pieces, but in addition to that specified, any other company is not recognized, there is no sub. So, only the helpless, not bad.

          A

Our country about the laws and regulations of legal aid, or better."Criminal Procedure Law of the people's Republic of China"Specified in the first paragraph of article thirty-fourth: "the suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the."

Notice "provisions eligible for legal aid," is in line with the "economic difficulties". Of course, the economic difficulties not by words, a company is to review. In accordance with the"Legal Aid Ordinance" provisions of Beijing City, if it is proved that in any of the following circumstances, can be directly identified as: (a) belongs to the economic difficulties of the beneficiaries; (two) to receive the minimum living allowance or difficulties of life grants; (three) in social welfare institutions by the government to support; (four) severe disability or suffering from major diseases and no fixed source; (five) the people's court for judicial assistance. Does not belong to the above situation, let his domicile neighborhood offices, Township People's Government shall issue the corresponding economic difficulties proof. Economic difficulties that should include the information the applicant status, family population, family income per capita.

To obtain legal aid because of financial difficulties, the provisions of Beijing city to review the condition is: (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) cases of public prosecution case to sue since the examination date, the criminal suspect because of economic difficult counsel did not entrust a case of public prosecution; (three) from the date of public prosecution, the defendant has not appointed counsel; (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, due to economic difficulties has not entrusted agent ad litem (; five) the case of private prosecutor and his legal representative, from the day the court handles the case, because of financial difficulties not to entrust agents ad litem. From the above review conditions,Financial difficulty is deciding whether to obtain critical review by the.

In addition to the economic difficulties,The Criminal Procedure LawThe second and third paragraphs of this article thirty-fourth provisions of the other two cases. The second paragraph: "the suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the."

Note that there is no match, do not meet the conditions of the argument, that is, as long as these conditions listed in the provisions, for legal aid has been in line with the designated defender conditions.

The third paragraph of this article, is like Liu Zhijun without the lawyer and may be sentenced to death or life imprisonment. Ad hoc, as well as the designated legal aid counsel. Be careful.According to the relevant provisions of the "Regulations on legal aid",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. That is to say whether he is a millionaire or a pauper, as long as the defendant in this case is not a lawyer, he will "was a defense".

      Two

The reason that the laws and regulations of legal aid in China is relatively perfect, because in addition to the "should be" designated defender cases,The law also stipulates the "can" designated defender situation:(a) in a case of joint crime, the other defendants have to entrust defenders; (two) have significant social effects of the case; (three) case protested by a people's Procuratorate; (four) the act of the defendant may not constitute a crime; (five) it is necessary to appoint lawyers to defend his case. For the above situation, there have the option in assigned legal aid.

Through the above analysis, we learned that the legal aid in China looks very beautiful. But the reality is not very beautiful. All these years I handle those cases, almost all eligible for aid conditions. But as long as you have a look of the case, you'll see its local office will approve its assistance to. The local cannot aid, off the possibility to obtain foreign lawyers aid. Because of legal aid in China is in accordance with the account, the monopoly of our local.

Even if is not sensitive cases, in order to obtain the legal aid department assigned, light required to review the materials, it is in trouble. And when you have submitted the material to the legal aid center, to decide whether the aid is not on duty lawyer, but leadership. So, you have to look at the leadership with the face. Finally, even if approved the assistance, appoint lawyers are not necessarily your satisfaction. A legal aid cases assigned to the attorney general, he will arrange more young lawyer to complete. I like to do, little, or no.

In addition, I am afraid no one thought, legal aid is sometimes used to do evil, to deprive the defendant's right to defense. I really do not want to see, legal aid is so.

The most famous is the Beihai case of Pei Jinde's defense battle. Pei Jinde is only one of five defendants acquitted, this is the case now, I can not. Ten Sike appointed lawyer for five people accused of intentional injury case defense, are ready to plead innocent, the Pei that defenders held by Chen Guangwu and Zhu Mingyong. But in less than an hour, the court suddenly asked whether Pei Jinde hired the two lawyers, Pei Jinde escape one's lips "not hire". So the two of senior lawyers dismissed, a local company appointed a "legal aid" lawyer. Results after the trial, only Pei Jinde pleaded guilty, the legal aid lawyer to plead guilty, and several times on the defense table counterparts objections. Of course, not all is fake, fake must strip. In the2013Years5Month30On the second instance trial, has been acquitted Pei Jinde speak the truth.

And Guiyang River case, in the large scale fired his lawyer, a company immediately to the defendant named "legal aid" lawyer. Of course, many defendants awakening, and re commissioned the original Sike sending lawyers. My client in me after the dismissal, found deceived, the court asked me "call back". Later revelations is the case, the collegial panel to the mobilization of the defendant lawyer himself dismissed.

2011Years, I in defense of Zhejiang and Qian Chengyu of Yueqing, was informed that I was fired, and the family also live in a drum. Then the family members to make every attempt to hear the designated "legal aid lawyer", hope to meet communication, lawyer refused to. The sentencing, the court Qian Chengyu shouted to hire me.

       Three

These years, I handle the legal aid case, though it was not a company admits, but the sweat, deny. In fact, I didn't take it seriously, is to discuss the legal aid Liu Zhijun case, it makes me feel that it is necessary to recall.

2005There, our assigned a person damage compensate case, my agent Zhang Sue employers, compensation. The case alone, don't put the following projects, in order to distinguish. On the other, that one: legal aid my self proclaimed, refers to lawyers fee is free, but the travel expenses are borne by the parties. Of course, there are even travel also take on the river, such as the case of guiyang. Note two: in some cases have been published on the Internet, so the name publicly; in addition, the name is not open.

A, for adults caused by the defendant in criminal cases the defender

For the accused of affray crime by petition Henan Shangqiu citizens Sun Ming defended, and ultimately to the prosecution withdrawal;

And disability due to petition condemned Zhejiang Lanxi a disabled person to carry on the appeal and accusation;

Is arrested because of environmental pollution rights of Zhejiang Dongyang painting water masses defense;

Defend arrested because of environmental pollution rights of the Guangxi people in Cenxi;

For being arrested for illegal occupation of land defense against the government Foshan Guangdong Shunde farmers.

Two, act as agent for the rights of vulnerable groups

As the Shanxi vaccine victims rights, agent claims;

Fujian Nanping campus massacre victims students rights, agent bring compensation procedure;

Is called "Chinese Shawshank, Zhejiang Zhao Zuohai" Wu Daquan appeals;

Provide legal assistance for twenty years to look for his wife to Sichuan of Xi Yuan Luo, negotiations with the government compensation;

Zhejiang Yueqing Qian's death witness Qian Chengyu defense (Midway dismissal);

For the field to enjoy the equal right to education of children of migrant workers in Beijing, providing legal help;

For psychiatric patients with Zhang and unit labor insurance;

As the criminal victim Xiamou agents, shall be investigated for criminal and civil liability;

As a retired old cadres of rights.

Three, to suffer power persecutor rights, act as agent and counsel

Provide legal assistance for Shandong Yinan a blind activist series case, was caught at Chen Gengjiang's lawyer;

Shandong Huimin29The farmer sued the County Public Security Bureau administrative litigation act as agent, eventually enable farmers to win;

Provide legal assistance for being arrested by the act of artistic creation Beijing Songzhuang artist Shen Yun, to release;

For Anhui35Years ago, Fang Shujiang was falsely accused of crimes of counterrevolution appeal;

As a Heilongjiang village director the bizarre death case relatives rights;

Defend for real name report accused of "frame" of a party;

In the case of Beihai lawyers for the accused, Pei your defense;

In case of Guiyang River, as the defendant Meng Zujiu defense (Midway is dismissed, after recovery);

Mr Li Zhuang's defenders.

Four, constitutional rights case

The Shandong Tengzhou part of old cadres sued the Shandong province people's Government in violation of the constitution;

For Zhang Xiaohui was stripped of the Taiwan tourism right against Public Security Bureau, the defendant in court to correct the illegal act;

To provide legal support for the petition the old building Zhang method, as its elected director Hou Cun Wei Hui counsel, maintenance of the villager autonomy;

    The number or reeducation through labor administrative litigation.

                               Four

   Legal aid is still a long way from the start, the case. There is a saying: to promote constitutional case.