The scope of legal aid in Henan province

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  • / Author: Aaron Lewis

The scope of legal aid in Henan Province

 

("Legal Aid Ordinance" article tenth, article eleventh, article twelfth)

A citizen of the following, matters need to agent, due to economic difficulties has not entrusted agent, can to apply for legal aid:

(a) request state compensation according to 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.

Two, any of the following circumstances 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.

Three, prosecutor and the defendant in the case, 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.

In 2005 four, provincial cities in the "base" of the provisions of the regulations of legal aid legal aid scope to further expand the scope of legal aid:

Regional

The scope of legal aid matters (except the "Regulations" Regulations of legal aid outside)

Zhengzhou

1, a serious violation of the rights of life and health of the personal injury compensation cases, such as the medical accident, traffic accident, has not been identified as compensation cases of family violence cases, resulting in the severely disabled industrial workers personal injury; 2, the applicant been infringed, land acquisition, demolition resettlement disputes, insolvency; 3 affect social stability about lawsuit, the petition to the legal aid institutions to provide legal aid

Kaifeng

1, migrant workers or labors to employer for wages, or because of injury, death compensation; 2, due to the requirement of medical accident compensation request; 3, due to traffic accident compensation request; 4, suffered a major disaster claims to the relevant responsible person

Luoyang

1, in addition to the injury accident other than request compensation case; 2, persons with disabilities, the elderly, women, minors to safeguard their legitimate rights and interests of matters; 3, the arrears of wages of migrant workers, 4 cases of serious violations of civil right to life and health of medical accidents, domestic violence cases; 5, enterprise reform and infringes upon the lawful rights and interests of the bankruptcy case; 6, other needed aid

Pingdingshan

1, a serious violation of the rights of life and health of the personal injury compensation cases, such as the medical accident, traffic accident, has not been identified as work-related injuries of employees of personal injury compensation case, domestic violence cases caused by the disability cases; 2, the rights and interests in the demolition, land acquisition, invasion of the bankruptcy settlement of disputes, resulting in the applicant lose basic life safeguard cases; 3, affect social stability of the petition letter case, the Department of legal aid agencies to provide assistance; 4, social welfare groups rights case

Anyang

1, industrial disputes; 2, the labor contract dispute; protection of the legitimate rights and interests of 3, enterprise mergers, bankruptcy, reorganization case workers; 4, export of labor dispute; 5, the field of construction project payment arrears and wages of migrant workers; 6, traffic accident; 7, personal injury; 8, marriage; 9, medical accident the dispute

Xinxiang

1, migrant workers recourse labor remuneration or other violations of the legitimate rights and interests and the compensation request; 2, medical accidents, traffic accidents, production safety accident victims, personal injury caused the applicant lose the basic livelihood guarantee; 3, the economic difficulties of the disabled veterans, awarded merit and life difficult parents, spouses, martyrs children's legal rights and interests have been infringed upon

Nanyang

1, because of traffic accident, medical accident, accident injury, accident damages; 2, marriage and family disputes, obviously vulnerable side request rights protection; 3, restructuring and bankruptcy infringes upon the legitimate rights and interests of enterprises; 4, the rural migrant workers recourse labor remuneration or the legitimate rights and interests of infringement. Adults; 5, other necessary legal aid matters

Xinyang

1, because of land requisition, demolition, resettlement and other rights and interests against bankruptcy request the basic livelihood guarantee; 2, domestic violence leading to disability compensation request; 3, medical accident compensation; 4, because the request compensation for workers injured; 5, blind, deaf, dumb, minors, the elderly request compensation for infringement; 6 the petition departments transfer, the legal aid institutions of social stability petition cases; 7, to request grant pension, benefits, request to pay notary item labor remuneration, social insurance benefits and the above first items; 8, migrant workers, social insurance, industrial injury treatment of infringement of rights and interests, other necessary 9 legal aid

Zhumadian

Marriage disputes; 2, traffic accidents, medical accidents, accidents, quality accidents or other personal injury accident victims compensation request; 3, other necessary legal aid

Shangqiu

1, marriage disputes; 2, due to traffic accidents, medical accidents, accidents, quality accidents or other personal injury compensation request; 3, other necessary legal aid

Xuchang

1, due to traffic accidents, medical malpractice, workers (male) accidents bring compensation; 2, domestic violence or due to the fault filed divorce cases; 3, other affect social stability, the legal aid institutions that are necessary to provide legal aid cases

Zhoukou

1, because of land requisition, demolition, resettlement and other rights and interests against bankruptcy request the basic livelihood guarantee; 2, serious violations of the right to life and health of the person damage compensate case: such as medical accidents, traffic accidents, accidents; in need of assistance, city, county 3 class two party committee, government, National People's Congress, leading the instructions of the case.

Jiaozuo

1, group petition case and other emergency cases; 2 cities and counties in need of assistance, two class Party committee, National People's Congress, government leadership on the case

Luohe

1, in line with economic difficulties standards the recipient of this city the civil rights and interests of the disabled; 2, because of family violence, battered by the elderly women and children's civil rights and interests of migrant workers; 3, due to the labor dispute in the civil rights and interests; 4 major cases, involving Luohe, stable and emergencies

Puyang

1, industrial accidents, medical accidents, traffic accidents, heavy damage compensation cases adults; 2, to participate in legal matters, the elderly, minors, women safeguard their legitimate rights and interests; legal matters 3, involving migrant workers; 4, other necessary legal aid matters

Hebi

1, migrant workers living wages matters; 2, the complaint department to meet the conditions of legal aid petition letter case; 3, the social impact of their legitimate rights and interests of the victim, the larger matters maintenance inductrial injury accident, medical accident

Sanmenxia

1, because of traffic accident, medical accident, accident injury, accident damages; 2, marriage and family disputes, obviously in a weak one party requests the rights and interests protection; 3, household and enterprise restructuring, bankruptcy liquidation process, the protection of the rights and interests of workers request; 4, migrant workers claiming labour remuneration or the legitimate rights and interests of infringement of the rights of claims

Jiyuan

1, Jiyuan city in line with economic difficulties standards; 2, because the domestic abuse caused by the elderly, women, children's civil rights and interests of migrant workers; 3, due to labor disputes and civil rights in arrears of wages of migrant workers; 4, involving Jiyuan City petition cases, 5 major cases involving Jiyuan society stability and burst events