1,The personal rights of the women -- including the right of personal freedom, the right to life and health, the right of portrait, right of reputation and the right of personality

2,Marriage and family rights -- marital autonomy, reproductive rights, equality with men in the family property, child custody

3,There are three kinds of women's rights protection mode:

  The Department in charge of protectionThe judicial protection of the women's organizations, trade unions, the Communist Youth League organizations protection

4,The main contents of the lawful rights and interests of minors:

1   Right to life in the right to developmentThe right to protection the right of participation

5, Methods to protect the legitimate rights and interests of minors method

The family protection (care and support, love and guidance, education, democracy and respect)

The school protection (the implementation of quality education, love and respect, develop education, to ensure the health and safety of \ \ bad behavior on the severity of the minor students carry out special education)

The social protection (to create a good social and cultural environment, maintain the right to education, provide minors with diverse activities, provide minors with rich cultural products, health, prevention of Internet addiction for minors to provide safe consumption and entertainment products, purify minors living environment, for the minors the implementation of special labor the protection of minors Privacy, respect, protect underage person and life safety, the special needs of juveniles to provide social assistance, strengthening health care and disease prevention, support and encourage the development of preschool education, the protection of minors intellectual achievements and reputation, for the completion of compulsory education department and education of minors with occupation education)

The judicial protection.

-- timely trial violated the legitimate rights and interests of minors case

-- on the judicial activities in the minors with legal aid or judicial assistance

-- the protection of minors the right of inheritance and legacy of the right in the inheritance and divorce cases

-- to intensive care parents or guardians and duty of care

-- involving minors trial to adapt to the characteristics of physical and mental development of minors

The minor crime -- education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

6, Correction of juvenile bad behavior

-- reform school for

-- judicial correction. Under 16 years of age are not subject to criminal punishment under 14 years of age or be exempted from punishment; if the circumstances are especially mild, may admonish.

-- social inclusion.

7, To prevent juvenile crime again

-- juvenile crime is not a public hearing and reports.

-- on juvenile crime is not a public hearing and reports

-- were held, on juvenile criminals are, respectively, education management

-- on the minor crime in legal education, compulsory education and occupation technology education

-- on juvenile delinquency and safeguard the rights of social assistance

8, Orphans way:

(1) the family rearing           (2) centralized resettlement or foster family

(3) the adoption                (4) protection of stray minors relief agencies and child welfare placement

(5) according to the relevant laws and regulations for

9, a prerequisite for marriage

(1) both the male and the female, may not compel or any third party interference

(2) reached the legal age. The man shall not be younger than 22 years of age, the woman shall not be younger than 20 years of age.

Late marriage and late -- 25 year old male, female 23 years old married called late marriage.

Childbirth -- women 24 years of age after the birth of the first child called childbirth.Late marriage and late childbirth is non mandatory advocacy.

10The personal relationship between husband and wife, including three aspects:

1.     Both husband and wife have their own name to use independent rights

2.     Both sides have to participate in production, work, study and social activities

3.     Both husband and wife have the duty to practise family planning

11The conditions, asked for a divorce:

(a) the divorce agreement conditions:

The parties must have legal status of husband and wife

We must be responsible for their own behavior, and personally to divorce registration

The two sides must be willing to agree to a divorce

It must reach a written agreement on the issue of child support, such as division of property after divorce

(two) litigation divorce conditions: feelings that have been broken, the mediation fails. Specific criteria for identification of emotional breakdown:

① bigamy or cohabitation of a married person with any

The implementation of domestic violence, the desertion of one family member

③ one spouse because of gambling, drug abuse is not to change repeatedly

④ because feelings not separated for two years

The other causes the breakdown of the feelings of the situation. In addition, also rules, one party is declared missing, the other party shall be allowed to initiate divorce proceedings, divorce.

12Two, special provisions for divorce:

(1) the spouse of an active serviceman asked for a divorce, to get the soldier's consent, except for the military party is great fault.

(2) a year later when his wife is pregnant and childbirth or pregnancy termination within six months, the husband may not apply for divorce.

13The marriage registration procedures:

(1) for. Both sides personally to the registration authority to apply for and provide relevant materials, not unilaterally application also no proxy. (issued account thin - identity -- as well as I have no spouse double when parties have no lineal relatives by blood and collateral blood relatives within three generations of the signed statement)

(2) review. (3) decision

14, divorce registration

(1) for. The application of both personally to the party to the account of the marriage registration, and submit materials. (my Hukou identity -- -- -- marriage certificate of divorce agreement signed by both parties (including both parties voluntary divorce, and consensus opinion matters to childcare, property and debt management etc.)

(2) review. The registration organ of strict examination on the application.

(3) decision. Give a divorce to meet the requirements of the application, registration on the spot, to divorce certificate, registration of marriage certificate, do not meet the requirements do not give.

15The criterion, statutory succession:

(1Principle of equality between men and women). The same order of succession women and men equal inheritance right

2According to the order of succession).

First in order: spouse, children (including children born in wedlock, children born out of wedlock, adopted children and stepchildren dependency relationship, parents)

Second: brothers and sisters (between various), grandparents, grandparents.

Sun Zinv, widowed daughter or son-in-law of parents, parents do their duty, as a legal successor first in order.

After the opening of succession, inheritance by the first order of succession, the second order of the successor does not inherit, not the first order of succession, inheritance by the second order heir.

(3) the principle of equality. Heir conditions -- roughly the same circumstances equally divided heritage, special circumstances can not. There are mainly four kinds of situation:

   There are special difficulties of life -- the lack of labor ability of the heir, segmentation heritage should be taken care of

-- on the main successor to do their duty or live together with the heirs of the heirs, to be more

-- have the ability to raise and support conditions of the successor, not the support obligation, at the time of distributing the estate, should not or less

-- heirs consent, can not equal

(4) care standards. The heir on heir support outside the lack of ability to work nor has a source of income, or the heir of the decedent outside support more people, can give them appropriate heritage.

(5) mutual understanding and mutual accommodation, consultation and treatment principle. Should consultation, consultation fails, the people's Mediation Committee for mediation or the court.

16Testamentary succession, substantial requirements -- -- (testamentary succession in preference to the statutory succession)

(1) a person with full capacity for civil conduct, or can not set a

(2) must be the true meaning of the testator said

(3) will need to retain the necessary share of heritage the lack of ability to work and there is no source of livelihood heir.

(4) will only sanction the testator's personal property.

There are five forms of wills:

The notary testament. Through the notary organs.

The self written wills. -- by the testator in writing, signature, indicate the date

③ scrivener wills -- should have two or more witnesses witness, by one of those scrivener, indicate the date, and the people of the book, other witnesses and the testator sign.

The recording wills -- should have two or more witnesses;

The oral wills -- for an emergency situation, also requires two or more witnesses, the lifting of emergency situation, the testator can be written or audio form wills, oral wills made.

17The main provisions, heritage treatment -- -- (testamentary succession in preference to the statutory succession)

(1) have testamentary testamentary succession (Legacy) according to processing, not will according to statutory succession process.

(2) give up and accept the inheritance. A legatee should know that 2 months after the legacy, to accept or give up, or they will be regarded as giving up.

(3) to pay after the principle of succession.

(4) the principle of taking care of fetal heir and the lack of ability to work nor has a source of income. (fetus was stillborn, retain part of the statutory succession; at the same time segmentation heritage time should also be take care of the lack of ability to work and there is no source of livelihood successors, including minors, the disabled, the elderly.

(5) play heritage utility principle. The suitable heir of production or life in a special heritage distribution needs to them, so that the property can be more effective.

(6) all belong to the state or collective no inheritance. The deceased was a member organization under collective ownership, to the organization under collective ownership of all.

Legacy (natural person outside the state or non reimbursable heir) the basic requirements:

(1) the giver must have testamentary capacity, namely the ability to dispose of his property after death;

(2) content of will made must be legitimate heirs. In particular, for the lack of ability to work and no source of the heirs to retain the necessary share of heritage; to be reserved for the fetus should be following the share; not deprive or cancel the heirs have the right of inheritance people outside the appropriate share of the estate right.

(3) will set the legator must comply with the requirements of form.

(4) the legatee must is the survival effect when people will.

(5) devise to death belongs to the testatorThe heritage range.

(6) the legatee has not lost the right of legacy

(7) the giver of death, bequest performance is possible and legitimate.

The specific content of heritage:

(1) the income of citizens               (2) citizens housing, savings and articles of everyday use

(3) his forest trees, livestock and poultry   (4) civil cultural relics, books

(5) the law allows citizens of all means of production 

(6) the citizens of copyright, patent right of property rights(7) the legitimate property of citizens of other.

18And the person placing out the child for adoption, the adoptee conditions:

The following minors under 14 years old canAdoption:

(1) the loss of parents of orphans  (2) can not find parents of abandoned babies and children

(3) the birth parents unable to rear their children with special difficulties.

For the human condition:

 (1) the guardians of orphans   (2) social welfare institutions (3) there are special difficulties parents unable to rear their children

"Adoption law" provisions:

The children of parents -- adoption must act in concert, unless one parent is unknown or cannot be found;

-- one spouse died, the other party for minor children, the parents of the deceased shall have the priority in rearing

-- the parents of a minor are both do not have full civil capacity, the guardian of the minor shall be adopted,Unless the parents of a minor and even serious harm.

The adoption of the human condition:

(1) no children    (2) over 30 years of age (3) to raise and educate the ability of the person to be adopted

(4) did not have the medicine that should not adopt a child diseases.

Can relax the situation:

-- adopted children peers collateral blood relatives within three generations,

Orphans, disabled children -- or not find parents of abandoned babies and children

-- stepparent adoption of stepchildren

The adoption of standards:

The voluntary -- adopted minors over the age of 10 to get the consent of the adoptee.

The husband and wife together -- a spouse shall be adopted common adoption.

The husband and wife together -- for parents for children must act in concert, one parent is unknown or can not find the unilateral adoption.

The adoption of only a -- adoption adoption only one child.

⑤ without spouse adopts a female age gap to more than 40 years old.

The death of the parents priority principle -- a spouse, the other party for minor children, the parents of the deceased shall have the priority right to rear.

The adoption of the statutory procedures:

(1) the adoption registration organs --The people's governments at or above the county levelThe civil affairs department.

(2) the specific program adoption registration into -- application, examination and registration. After review by the registration certificate, to the adoption, the adoptive relationship was established.

 Validity of adoption:

(1) the effect of adoption. After the establishment of adoption, the adoptive parents children relationship, mutual rights and obligations of the legal. According to the regulations, the adoptive parents and adopted children between rights and obligation of parents and children is the same.

(2) the adoption of relieving effect. After the adoption, parents and childrenNo longer is the lawThe relationship between the parents, the original rights and obligations for the establishment of the adopted solution. But the nature of the parents and children, blood relationship is the objective existence of the prohibition of marriage, marriage law shall also apply to the parents and children.

Adoption dissolution conditions:

(1) the adopter and the person placing out the child for adoption the termination of the adoptive relationship -- in general, in a minor children, the adopter may unilaterally terminate the adoptive relationship. But adoption agreement with any person, andWith over 10 years of age or aboveUnderage consent, can agree to terminate the adoptive relationship.

(2) the adopter fails to perform the obligation of adoption, infringes upon the lawful rights and interests of the adoption of children, the consignor requests to terminate the adoptive relationship. (such as parents have abuse, abandonment of minor children behavior)

(3) the adoptive parents and adult child relations deteriorated, cannot live together. Raise the adult children of parents shall perform the duty, obligation. If the adoptive parents and an adult adopted child relations deteriorated, simply cannot continue to live together, then adopt the relationship also lost the meaning of existence, either party may request to terminate the adoptive relationship.

Adoption dissolution procedure:

(1) the administrative relief procedures

 This program requires suspension -- the adoptive relationship the parties to reach a voluntary agreement, and made the deal agreed to the property and life.

-- for adoption dissolution registration authority is the person to be adopted the location of permanent residence of the people's government at the county level civil affairs departments

-- the adoption registration organs in receives the application and materials, shall, within 30 days after the review, in line with the recovery of adoption registration, to terminate the adoptive relationship certificate.

(2) proceedings to lift program. The following two kinds of circumstances, the use of litigation.

-- in the termination of the adoptive relationship cannot reach a voluntary agreement;

-- though both sides agree to terminate the adoptive relationship, the single controversial of property or life. The court mediation may be conducted on the parties, help them achieve the adoptive protocols; mediation is invalid, can adjudicate according to law.

Effect of termination of the adoptive relationship:

(1) after the lifting, foster children and eliminate the adoptive parents and the rights and obligations relationship among close relatives,Minor adoptive childrenParents and students and the rights and obligations relationship among close relatives to restore;An adult adopted child and adoptive parents and close relatives of the relationship between rights and obligations will resume their consultation.

(2) consequences of the property:

-- birth parents or other adoption demands the termination of the adoptive relationship, the adoptive parents may be appropriate compensation to their parents or other adoption adoption period expensesThe cost of living and education expenses;

After the termination of the adoptive relationship --, foster parentsAdult childrenThe source of life, and the lack of parents about the lack of ability to work, living expenses shall be paid

-- children adult abuse, abandonment led to adoption dissolution of adoptive parents, parents can ask children adoption phase compensation expenditure of living and education expenses.

 

Session 10 legal aid institutions recently will develop defending notice and a copy of the bill of prosecution or judgment copies sent to the local.

(a) general

One, two, claims for state compensation requestSocial insuranceTreatment or minimum living allowance of three, request toPensionFour, benefits, request for paymentAlimony,Maintenance feeFive, request to pay labor remuneration claim six, because do boldly what is righteous acts of civil rights in the seven, the criminal suspect in the investigation organ for the first time after the inquiry or coercive measures taken to date, due to financial difficulties did not hire a lawyer; eight,The public prosecutionIn the case of the victim and his legal representatives or near relatives, since the date of the case is transferred for examination before prosecution, due to financial difficulties did not entrust agents ad litem; nine,Private prosecutionCases of private prosecution and their legal agents, since the case by the people's court date, due to financial difficulties did not entrust agents ad litem; ten, prosecutor and the defendant in the case, due to financial difficulties or other reasons not to entrust defenders, the people's court for the accused person appointed defense, the legal aid institutions shall provide legal aid; eleven, 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 status of the defendant's review.

(two) the criminal

A,The suspectIn the first interrogation by the investigation organ or coercive measures taken to date, due to financial difficulties did not hire a lawyer

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

Three 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

"Regulations" provisions of article twenty-third, one of the following circumstances, legal aid agencies is examined and verified, and should put an end to the legal aid:

(a) income of the recipient's change, no longer meet the conditions of legal aid;

(two) cases trial termination or has been removed;

(three) recipients and their own lawyers or other agents;

(four) to terminate the recipients of legal aid.

Four, what matters is not to apply for legal aid?

(1) due to the fault liability of infringement of the legitimate rights and interests of civil litigation or criminal case of private prosecution; (2) administrative litigation cases caused by the fault of the;

(3) the applicant cannot provide relevant evidence litigation cases and cannot be investigating cases;

(4) may be handled by the administrative organs without passing through the procedure affairs;

5) the applicant issued false certificates for legal aid;

(6) lack of litigation 3000 yuan debt claims disputes;

7) approved by the competent authority, legal aid center to declare inadmissible case.

Who can apply for legal aid?

(1) apply items belonging to the provisions on the scope of legal aid (subject to litigation or arbitration procedure to solve the case should have been placed on file);

(2) have sufficient evidence to show that to safeguard their legitimate rights and interests to obtain legal aid;

(3) due to economic difficulties, no ability or no ability to pay legal fees;

(4) the domicile in the city or to hold temporary residence permits of the city.

To apply for legal aid should take what material?

(1) the resident identity card, proof of residence or temporary residence certificate;

(2) the streets (township), that the applicant and family economic conditions issued by labor departments and units concerned;

(3) the basic situation for the aid and the relevant materials;

(4) the court or the arbitration institution filing notice;

(5) requirements for legal aid center to provide other materials. The applicant is a minor or incompetent person, shall be borne by the guardians to apply for, and submit the agent right

Citizens of the following matters need to agent, due to economic difficulties has not entrusted agent, can apply to legal aid institutions for legal

Aid:

(a) request state compensation in accordance with the 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.

Province, autonomous region, municipality directly under the central government may make supplementary provisions on the legal aid matters prescribed in the preceding paragraph.

Citizens may apply for legal advice to the legal aid institutions on the matters specified in the first paragraph, second paragraph of this article.

Any of the following circumstances eleventh in criminal litigation, citizens to apply for legal aid:

(a) 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

(two) 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;

(three) 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 twelfth prosecutor's case, the defendant 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 of the economic status of the defendant's review.

The thirteenth article of this Ordinance alleged civil economic difficulties of the standard, by the province, autonomous region, or municipality directly under the central government according to the regional economic development situation and the cause of legal aid should be provided. Inconsistent with standard economic difficulties standard economic difficulties of the domicile of the defendant and accepts the application for legal aid institutions where, in accordance with the standards of economic difficulties of the legal aid institutions accepting the application.

 

　The third chapter legal aid application and examination

Article fourteenth citizens of this Ordinance of tenth items listed in the application for legal aid shall be proposed, in accordance with the following provisions:

(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 grant pension, the legal aid institutions benefit obligations authorities where the application; (three) request for payment of alimony, child support, support fees, 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.

The fifteenth article of this Ordinance eleventh listed persons 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.

Article sixteenth the applicant without civil capacity or a person with limited civil capacity, by the legal agent to apply. No civil capacity or a person with limited capacity for civil conduct and its legal representative litigation or other interests in need of legal aid, from no interest relationship with the disputes in other statutory agent to apply.

Article seventeenth citizens apply for legal aid for criminal defense agency, shall submit the following documents, proof material:

(a) identity card or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney;

(two) evidence of economic difficulties;

(three) and the legal aid cases related materials application.

　The application shall be made in written form, fill in the application form; with a written application is indeed difficult, the application may be made orally, the legal aid agency staff or to the agency staff to apply for the written records.

 

Eighteenth legal aid agencies after receiving an application for legal aid, the examination shall be conducted; that the applicant to submit the documents, materials of proof is not complete, can make the necessary supplement or that require the applicant, the applicant is not required to make supplements or explanations, as to withdraw the application; that the applicant to submit the documents, evidence of the need to verify, by the legal aid agencies to the relevant authorities, verify unit. ,

To meet the conditions of legal aid, legal aid agencies should be timely provision of legal aid decision; is not eligible for legal aid, it shall inform the applicant of the reasons in written form.

Any notice nineteenth applicants for legal aid institutions do not meet the conditions of legal aid, and can be made to the administrative department of justice of the legal aid institutions are determined, the judicial administrative department shall examine the application within 5 working days after receiving the objection to date, if it is satisfied that the applicant meets the conditions for legal aid shall be in writing, order the legal aid institutions form timely provision of legal aid to the applicant.

The fourth chapter is the implementation of the legal aid

The twentieth case is designated by the people's court, the people's court atTo hold court10RecentlySpecifies the legal aid institutions defending notice and a copy of the bill of prosecution or judgment copies sent to the local; the people's court shall not in their trial, the designated defense notice and the copy of the indictment or judgment to copy legal aid agencies to justice.

Article twenty-first the legal aid institutions may appoint lawyers office to arrange for lawyers or the agency staff to handle the legal aid case; can also according to the requirements of other social organizations, arrange their own staff for legal aid cases. The people's court appointed defense cases, legal aid agencies shall, 3 days before the hearing will determine the contractor personnel list back to designated by the people's court.

Twenty-second staff for legal aid cases, should abide by the occupation morals and professional discipline, and provide legal assistance shall not collect any property.

Twenty-third staff for legal aid cases under any of the following circumstances, it shall report to the institution of legal aid, legal aid agencies is examined and verified, and should put an end to the legal aid:

(a) income of the recipient's change, no longer meet the conditions of legal aid;

(two) cases trial termination or has been removed;

(three) recipients and their own lawyers or other agents;

(four) to terminate the recipients of legal aid.

Article twenty-fourth is designated to handle a legal aid lawyer or accept arrangements for legal aid cases of social organizations in the case of the case, shall apply to legal aid institutions to submit the relevant legal documents to copy or photocopy and the final report and other materials.

The legal aid institutions received the provisions of the preceding paragraph closed materials, shall be appointed for legal aid lawyers or accept the arrangement of social organization to handle the legal aid case payment of legal aid case subsidy. Legal aid case subsidy standards by the judicial administration department of the province, autonomous region, or municipality directly under the central government in conjunction with the financial department at the same level, according to the local economic development level, with reference to legal aid institutions approved all kinds of legal aid of the case to the average cost and other factors, and may according to need to adjust.