The legal aid funds in Heilongjiang province management approach using
Created:
/Author:
Aaron Lewis
First chapterGeneral provisions
Article 1 in order to standardize and strengthen the use of legal aid funds management, guarantee the normal development of the cause of legal aid, according to the provisions of the State Council "Legal Aid Ordinance" and "Heilongjiang provincial legal aid measures", combine me the province is actual, make this way.
Second said the legal aid funds in this way, is devoted to the legal aid agencies at all levels of government to set up, carry out legal aid, the government budget appropriations to undertake legal aid matters and to accept donations of funds.
Article third the legal aid funds shall be earmarked, and accept supervision by the financial, auditing department.
The second chapterLegal aid funding sources
Including fourth legal aid funding sources:
(a) the government budget appropriations;
(two) social contributions;
(three) other legitimate sources.
Article fifth the financial departments at all levels to the funds of legal aid agencies into the budget at the same level, and with the development of the national economy is gradually increasing, in order to ensure the normal development of the legal aid work.
The third chapter of the use of funds for legal aid
Article sixth the legal aid funds are mainly used for the following expenses:
(three) the collective and individual recognition, reward outstanding achievements in the work of legal aid;
(four) the legal aid dossier management;
(five) printed legal aid service documents;
(six) other necessary expenses of legal aid.
Article seventh to undertake legal aid cases, items of expenditure.The legal aid lawyer to handle the legal aid case costs; the legal aid institutions appoint lawyers, grassroots legal service personnel arrangements and social organization staff for legal aid cases subsidies; labor arbitration fees and appraisal cost the recipient after losing because of economic difficulties to pay; legal aid institution arrangement of social law and other professional personnel engaged in visitor reception, consulting fee.
The direct costs of the eighth legal aid institutions full-time lawyer to handle the legal aid case, matters just verification.Not applicable ninth.
Article ninth undertake legal aid cases, items of subsidies:
(a) in the city, District, county (city) for handling the cases, criminal cases each 350-700 element; civil, administrative cases in each case 450-900 yuan.
(two) in the provincial city in cross county (city) for legal aid cases, criminal cases each 450-900 element; civil, administrative cases each 550-1100 element.
(three) inter provincial municipality for handling the cases, criminal cases each 600-1200 element; civil, administrative cases each 700-1500 element.
(four) cases handled by the provinces, criminal cases each 800-2000 element; civil, administrative cases each 1500-2000 element.
(five) more than the approved amount of lawyer duty case fee subsidies, according to each case quota subsidy standard add RMB 200-500 yuan.
(six) the labor arbitration fees and appraisal cost the recipient after losing because of economic difficulties to pay a separate verification.
(seven) major and complicated cases of group petition, a year, or because of the complexity of the case, the distance and other reasons, resulting in a large amount of travel expenses, legal aid agencies audited, submitted to the finance department at the same level for examination and approval, may be appropriate to increase the subsidy or reimbursed.
Tenth social lawyers involved in the legal aid duty, daily allowance of 30 - 80 yuan; the legal aid personnel reception petition, subsidy of 200 yuan per month.
Eleventh legal aid workers in aid of the case shall within fifteen working days after the closing files, submitted to the legal aid institution qualified after examination, the legal aid institutions, payment handling subsidies from the legal aid funds in accordance with the standards and procedures for issuing subsidies.
Twelfth cases with full content request file shall be the legal aid institutions.
Article thirteenth the subsidy program:
Aid the case undertakers closure of files to the legal aid institutions, winding people after passing the examination, fill out the "* * * * annual subsidies for legal aid lawyers approval form", submitted to the legal aid institutions responsible for the approval of the people, by the financial department is responsible for review, issue.
Fourteenth legal aid cases, matters by legal aid institutions, unity, unity acceptance review assignment, unified supervision, without legal aid agencies review, approval, assignment, the legal aid institutions do not assume the subsidies.
Fifteenth legal aid workers in any of the following circumstances, not the issuance of the subsidy:
(a) to submit final file does not comply with the relevant provisions, the still can not in conformity with the provisions after correction;
(two) non performance or non performance of the obligations of legal aid;
(three) intentionally damage the interests of the recipient;
(four) because of negligence to the recipient of a large economic loss;
(five) to the recipients and their relatives for property;
(six) due to illegal handling by the recipient complaints, after examination and verification;
(seven) and other violations of the "Legal Aid Ordinance" and "Heilongjiang Province legal assistance measures" behavior.
Management and supervision of the fourth chapter of the legal aid funds
Article sixteenth the legal aid institutions each year according to the national work plan proposed budget proposals, by the administrative departments of justice into the annual budget submitted to the finance department at the same level for approval.
Article seventeenth the legal aid funds management by the judicial administration department at the same level of unity, special fund is special.Any department, unit or individual shall not be withheld, occupied or misappropriated funds, shall not change the nature and use. In violation of regulations on the use of funds management, will be in accordance with the provisions of the "Regulations" penalties and sanctions against Illegal Fiscal Acts to penalties.
Eighteenth judicial and administrative departments at all levels and legal aid agencies to strengthen the legal aid fund management, the strict implementation of the relevant financial rules and regulations, and consciously accept the financial, auditing department and superior judicial administrative departments of supervision and inspection.The special inspection of the Provincial Department of finance, the Provincial Justice Department will regularly to the provincial legal aid funds, use, management.
The fifth chapter supplementary provisions
This the nineteenth method by Heilongjiang Provincial Department of justice and the Heilongjiang Provincial Department of finance is responsible for the interpretation of.
This the twentieth method is effective as of the date of promulgation.