Measures for legal aid implementation of minors

 

   

 

Chapter I General Provisions

 

  The first in order to protect the lawful rights and interests of minors, to provide legal aid timely, effective for my area due to financial difficulties and cannot afford legal services or other special cases suffered minor, according to China's "criminal law", "law", "law on the protection of minors", "prevention of juvenile criminal law", "Legal Aid Ordinance", the Ministry of justice "about the legal aid work notice", and the Ministry of justice, the Communist Youth League Central Committee "on the protection of the legitimate rights and interests of minors, do minor legal aid work notice", "Zhejiang Province, the Legal Aid Ordinance" provisions of the spirit, the enactment of this approach.

 

  Called the minor legal aid second this way, refers to the legal aid institutions according to the application of the parties concerned, due to economic difficulties are unable to pay the legal fees or other special cases of victimization minors with fee exemption law to help the judicial protection system.

 

  Third District Judicial Bureau and Mission District established minor legal aid leading group, the minor legal aid work guidance, coordination and specifically responsible for the implementation of the district. To formulate specific implementation plan according to the actual situation in this area, clear focus, to improve the relevant rules and regulations, make it institutionalized, standardization.

 

  Fourth the lawyer, notary, legal services, grassroots judicial department and the township, judicial assistants for minors legal aid service organization (personnel), specific commitment to provide legal aid service for minors.

 

  Fifth minors legal aid leading group should vigorously carry out the "law on the protection of minors" and "law on the prevention of juvenile delinquency" publicity and education work, improve the legal awareness of minors, so that the majority of minors to consciously use the legal weapons to protect their legitimate rights and interests; raise awareness of service office workers to protect the lawful rights and interests of minors the law, and do a good job to provide legal aid to meet the conditions of the victims of the minor work.

 

  Sixth District Justice Bureau notary public management science, law firms, notary offices, grassroots legal service and the organization of juvenile rights cases, complaints, charges against, or shuffle, without undue delay, the economic difficulties of the minor parties to appropriate reduction, free legal service fee.

 

  Seventh Mission District should cooperate closely with the Bureau of justice, introduces the minor work in this region, the region with minor legal assistance of demand information, comments and suggestions on the legal aid work area of minors, and to assist the Judicial Bureau formulate feasible measures, to provide the necessary conditions for the legal aid in a minor.

 

  Eighth the lawyers, notaries, grassroots legal professionals should bear the minor legal aid obligations, according to the law, due diligence, to provide legal services timely, effective to the recipient in accordance with the law.

 

The second chapter minors legal aid object

 

  Ninth have the following conditions of the minors, may apply for legal aid:

 

  1, there is good reason to prove to safeguard their legitimate rights and interests in need of help, and the realization of the right to be;

 

  2, because of economic difficulties, no ability or no ability to pay legal fees (citizens with economic difficulties by all standards by reference to the provisions of the local government).

 

  3, blind, deaf, dumb and juvenile criminal defendant or criminal suspect, not entrust a lawyer, should obtain the legal aid.

 

  Tenth after examination and approval of minors' legal aid applicants meet the conditions, accept or designated by the people's Court of criminal defendants, suspects to the recipient.

 

  Eleventh in legal aid process, the recipient can understand the progress of activities for the provision of legal aid; the recipient has proved to undertake legal aid personnel not properly perform their duties, may request a change of the undertaker.

 

  Twelfth recipient and get more benefit for solving assistance needed case or matter, should pay the corresponding fees apply to the legal aid institutions.

 

Third chapter minors legal aid and form

 

  Range thirteenth minors legal aid includes:

 

  1, criminal cases;

 

  Legal matters 2, request for payment of nurturing fee;

 

  Legal matters 3, blind, deaf, mute and other handicapped minors claims for;

 

  Case 4, request the state compensation;

 

  6, the request is issued to the pension, relief legal matters of gold;

 

  7, other necessary legal aid legal matters.

 

  Fourteenth minors legal aid mainly take the following form;

 

  1, legal advice (including call 148 legal services hotline), draft legal documents;

 

  2, criminal defense and criminal agent;

 

  3, civil, administrative litigation;

 

  4, non litigation legal services agency;

 

  5, the notarization;

 

  6, other forms of legal services.

 

The fourth chapter minors legal aid program

 

  Fifteenth people's court appointed defense of criminal legal aid cases, uniform acceptance, by the District Bureau of justice, notary public management review, unified assignment, unified supervision and inspection; legal aid non designated defense in criminal litigation cases, other litigation and non litigation legal affairs, by the applicant to the District Bureau of justice lawyer management department or the District Mission District Social Work Department, the CYL organizations at all levels to apply.

 

  Sixteenth legal aid application must be made in writing, and submit the following materials:

 

  1 ID card, proof of residence or temporary residence certificate;

 

  That the applicant and family economic status issued by the relevant units of the 2;

 

  3 basic conditions to apply for assistance;

 

  4 legal aid organizations that need to provide other materials.

 

  Seventeenth applicant is a minor or incompetent person, shall be borne by the guardians to apply for. Applicant shall submit proof agent right.

 

  Eighteenth minors legal aid agencies to apply for legal aid, should be reviewed in accordance with the provisions of. The review includes:

 

  Scope and conditions of 1, to review whether the applicant has the legal aid services;

 

  2 the application materials are complete.

 

  The legal aid institutions that the application materials are incomplete or doubt, shall notify the applicant to make necessary supplements or ask for the relevant documents to the relevant units, individuals, investigate and visualization.

 

  Nineteenth minors to apply for notarization legal aid, first to the notary jurisdiction District Justice Bureau notary public management department to submit a written application, and submit the relevant materials of proof. Except for special circumstances.

 

  Twentieth condition examination on the application notarized matters of legal aid, legal aid agencies and Mentougou district by the notary office joint review, approval.

 

  Twenty-first Mission District or the district group receives the application, after preliminary examination that accord with the minor conditions of legal aid, fill in "record of inquiry" (Table 1), "legal aid application form" (table two), "legal aid application for approval form" (table three), will the material delivery to the District Justice Bureau notary public management department, the Department for review, decision.

 

  Twenty-second legal aid institutions shall examine the application within twenty days from the date of receiving the application, decide whether or not to grant legal aid decision:

 

  1, in line with the conditions, shall make a written consent to the decision to provide legal aid "notification of acceptance" (table four), and specify the legal services in legal aid work, through the agency of legal assistance assigned to the contractor personnel.

 

  The legal aid institutions should sign the "legal aid agreement with the recipient" (table five), clearly stipulates the rights and obligations of the parties.

 

  2, do not meet the conditions, not to aid decision, and notify the applicant.

 

  Twenty-third applicants for legal aid institutions not aid decision objectionable, legal aid agencies should be re examined once.

 

  Twenty-fourth in case of emergency or special circumstances, legal service agencies will also advance to provide legal aid, legal aid agencies approved after the newspaper.

 

  Twenty-fifth legal aid agencies responsible for the examination and approval of applications for aid workers in any of the following circumstances, he shall withdraw:

 

  1, aid applicants or relatives of the applicant;

 

  2, and the application has a direct interest.

 

  Twenty-sixth legal aid the contractor in the aid items completed, shall submit the final report to the legal aid institutions.

 

The fifth chapter supplementary provisions

 

  Twenty-seventh undertake legal aid personnel to accept assignment, not neglect of duties, and shall not refuse, delayed or terminated by minors legal aid matters without justifiable reasons.

 

  Legal aid the contractor refuses to perform the obligation of legal aid, legal aid or fail to fulfill duties resulting in serious losses to the recipient, the legal aid institutions may suggest the judicial administrative organ shall not limited registered or to give the corresponding punishment.

 

  Twenty-eighth recipient does not obey the law and not according to the agreement of legal aid shall be necessary cooperation, approved by the legal aid agencies, the contractor may refuse to provide legal aid to terminate or.

 

  The recipients to obtain legal aid through cheating, the legal aid institutions shall revoke its eligible, and ordered all expenses pay has access to services.

 

  Workers legal aid issued by the twenty-ninth legal aid institutions "notification of acceptance" (table four), the people's court may be used as the recipients have jurisdiction to apply for relief, reduction, exemption of litigation fees on the basis of.

 

  Article thirtieth the way interpreted by the District Bureau of justice.

 

  Thirty-first these Measures shall be implemented as from 2009.