A week later, yesterday to practice driving the two ring road, feel is good, at night to come back to help the director to take something away, and soon the day is over.

Today Beijing played under light rain, not just warm spring days ushered in a cool rain weather, the temperature dropped to 7 degrees from 23 degrees. Just driving can't drive, a few of us live a colleague is approximately good went to the hospital, have a look, the operation is very successful, very successful, mental health is good. But how long we did not stay by the director of "out", we seem to come and not give him any pleasure, may come at a bad time.

Morning from a legal advisory telephone, do not know who is introduced, may be a military personnel, consultation and resulting in medical disputes in medical cases to apply for legal aid, began to say the victim was a soldier, I answer this situation needs to be handled by the military, or procedure can only be through the military courts; he said the victim is not a soldier, that the local court has jurisdiction over the.

June 4, 1990.The Supreme People's court, the people's Court of the people's Liberation Army and the armed police force Chinese to open medical disputes over medical compensation by the jurisdiction of the acceptanceThe reply [(1990) the people he number fifteenth] made it clear,Chinese people's Liberation Army and people's armed police opened China medical units, medical accident in the treatment of local wounded in the process, the parties to sue for compensation for the economic losses of the medical unit, should be in accordance with the law (October 10, 1989 in our hospitalThat's ok<1989> 63) letter of reply the provisions of people's spirit, by a court of competent jurisdiction as a civil case, the military court has no jurisdiction.

As for the legal aid application problem, need to pay attention to the following matters:

The scope, legal aid:

　(a) the need for citizens to matters of agent, due to economic difficulties has not entrusted agent, can to apply for legal aid:

1, requesting for state compensations;

2, request for social insurance treatment or the minimum living allowance;

3, the request is issued to the pension, benefits;

4, request for payment of alimony, maintenance fee, maintenance fee;

5, request to pay labor remuneration;

6, because of family violence, abuse, abandonment, the legitimate rights and interests are violated, the request of judicial protection;
     7, due to traffic accidents, accidents, medical accidents, quality accidents and other personal injury accident caused personal injury compensation request;
     Other matters of legal aid 8, laws, regulations and the provisions of the city government.

　(two) in any of the following circumstances in criminal litigation, citizens to apply for legal aid:

　　1, 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;
     Since the case is transferred for examination before prosecution, 2 cases of public prosecution, the criminal suspect due to economic difficulties counsel did not entrust;
    3 cases of public prosecution, since the date of public prosecution, the defendant has not appointed a defender;
    4 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, because of financial difficulties not to entrust agents ad litem;
    5 cases of private prosecution, the prosecutor and his legal representative, from the day the court handles the case, because of financial difficulties not to entrust agents ad litem.

   Two, to apply for legal aid should also meet the following conditions:  
    (a) with Beijing Hukou or personnel in Beijing city workers, housing and holding identity card or other valid proof of identity;

    (two) the others to apply for legal aid, should submit proof of power of attorney;

    (three) the application of legal aid matters under the jurisdiction of the administrative areas of the court and other institutions;

    (four) I am difficult economic weakness or no ability to pay legal service fee.

   Three, urban residents the standard of economic difficulty:

     (a) the application for legal aid economic difficulties standards in accordance with state and city low-income families identified standards. Specific standards by the applicant of the domicile of the district (county) people's Government in the standard amount released prevail.
     (two) an application for legal aid 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.
     (three) inconsistent standards difficult economic standard of 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.
     (four) migrant workers because the request to pay labor remuneration or compensation for legal aid, not subject to the provisions of this Ordinance difficult economic conditions.
     (five) for the implementation of do boldly what is righteous acts resulting in citizen's legitimate rights and interests are damaged, may apply for legal aid, not subject to the provisions of this Ordinance difficult economic conditions.
Determination of do boldly what is righteous acts, carried out in accordance with the relevant provisions of national and city.
     (six) the applicant can prove that any of the following circumstances, legal aid agencies can directly identify the economic difficulties, without the need to provide proof of economic difficulties:
       (1) belonging to the beneficiaries;
       (2) to receive the minimum living allowance or difficulties of life grants;
       (3) supported by the government in the social welfare institutes;
       (4) severe disability or suffering from major diseases and no fixed source of;
       (5) the people's court for judicial assistance.

   Four, to apply for legal aid program:
　(a) according to the grade jurisdiction, legal aid center of Beijing City, under the jurisdiction of municipal courts accept the review, the municipal procuratorate, Public Security Bureau and the municipal authorities of first instance and appeal trial of legal aid case application; the district legal aid center accepts the case in the first instance and the districts and counties under the jurisdiction of the relevant agencies to apply for legal aid cases detailed address and telephone number, please refer to the organization.

　 (two) the applicant to apply for legal aid, shall provide the following materials:
    (1) identity card or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney;
    (2) economic difficulties proof;
    (3) and the application for legal aid cases related materials.
      Legal aid materials submitted application materials, should submit the original and copy corresponds with the original. The application materials by the Legal Aid Center audit personnel after the audit, and return the original to the applicant (economic difficulties proof of the original exception), a copy of the legal aid center of record filing.

(three) the legal aid institution after receiving the review within five working days as of all the application materials for aid work day, decide whether or not to grant legal aid decision:

To meet the conditions of legal aid, legal aid agencies shall make a written decision on the provision of legal aid, legal assistance assigned service institution for legal aid staff for legal aid, also can arrange for the personnel of institutions. The legal aid institutions shall sign an agreement of legal aid and the recipient, clearly the rights and obligations of both parties.
    Is not eligible for legal aid, it shall make a written decision on not providing legal aid and the reasons.

(four) 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.

    (five) 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.
　　

    To apply for legal aid to submit material matters needing attention

A legal aid applicant shall, in accordance with the following requirements for legal aid application materials submitted.

two, fill in the legal aid application form, please read the instructions and precautions, and then according to requirement item by item.

Special remind you, fill in the application of legal aid case and reason, as far as possible should be detailed, clear.

Completed, the applicant should signature, stamp or stamped handprint and specify the date of application. If the authorized agent, the agent shall also sign or seal.

Three, the others to apply for legal aid, it shall fill in by the requirement to apply for legal aid attorney. To apply for legal aid attorney should have the trustor and trustee signature, stamp or stamped handprints common.

If the trustee to the statutory agent of the applicant, should produce proof of a statutory agent qualification. The principal must have the capacity for civil conduct (such as: 10 - 18 years old minors), it shall be signed by the legal aid application form and other legal aid instrument.

Four, economic difficulties, in addition to the difficult situation in that family economic life, should be specific figures, the applicant family per capita income, family income per month for 298 yuan XXX.

Five, to apply for legal aid submitted material, shall submit the materials of the original and copy corresponds with the original. The application materials by the center audit personnel after the audit, and return the original to the applicant (economic difficulties proof of the original exception), a copy of the legal aid center of record filing.