Yang Jinzhu this afternoon to Changsha City Bureau of justice and the Bar Association for the record

   Yang Jinzhu this afternoon to Changsha City Bureau of justice and the Bar Association for the record to the establishment of the "Hunan Yue Lin law firm has weak legal aid center"

   Yang Jinzhu this afternoon to Changsha City Bureau of justice and the Bar Association for the record to the establishment of the "Hunan Yue Lin law firm has weak legal aid center".

 

     On the establishment of Hunan Yue Lin law firm has weak legal aid center report

Changsha Municipal Judicial bureau:

Changsha City bar association:

   Hunan Yue Lin law firm to help vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firm has weak legal aid center. The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue director Lin firm Li Maolin lawyers served as honorary director, Yang Jinzhu served as the director of lawyers.
   Hunan Yue Lin law firm has hired domestic criminal law, criminal procedure law, civil law, administrative law, commercial law famous experts in the field of Gao Mingxuan, Chen Guangzhong, Jiang Ping, Ying Songnian, Wang Baoshu, Fan Chongyi, Zhao Bingzhi, Bian Jianlin, Chen Zexian, Chen Weidong, Jiang Ming, Yang Lixin, Huang Jingping, Lu Jianping, Zhang Mingkai, Liu Zhiwei, Wang Minyuan, Wang Jiancheng, Gu Yongzhong, song Yinghui (in no particular order), 20 professors and Chinese law "democracy and the rule of law" as the "chief editor Liu Guiming cause weak legal aid center" expert advisor.
   Yang Jinzhu lawyers in March 20, 2014 donated 1000000 yuan RMB as the center of the start-up capital and 2014 annual operating funds. The special funds for the operation of the fund and the payment center for legal aid lawyers handling fees and travel expenses.
   Since 2015, Yang Jinzhu lawyers in the first week of January to the center donated 1000000 yuan RMB as when the annual "cause weak legal aid center" of the operation of funds.
   Hunan Yue Lin law firm has not obtained the approval of relevant departments in the center, not to accept any form of social public donations.

   Hunan Yue Lin law firm has weak legal aid center in March 22, 2014 to be held in the morning, the opening ceremony. The center consultant, China law "democracy and the rule of law" chief editor Liu Guiming has promised to attend the opening ceremony. Also plans to invite the chairman of the all China Lawyers Association Wang Junfeng attended the opening ceremony.

   The implementation of the March 22, 2014 "Hunan Yue Lin law firm lawyers yuan weak legal aid center volunteer recruitment rules", "Hunan Yue Lin law firm has weak legal aid center for criminal legal aid cases accepted weak way" and "Hunan Yue Lin lawyer affairs cause weak legal aid center for weak criminal legal aid cases handling operation rules" the draft submitted to the leaders of your review, the leaders put forward valuable suggestions.

    Lawyer Yang Jinzhu invited leaders attended the March 22, 2014 morning at the Hunan Yue Lin law firm has weak legal aid center ceremony!

   Heartfelt thanks to the leadership of the public welfare legal aid work in Hunan Yue Lin law firm has weak legal aid centres support!

                              Hunan Yue Lin law firm     Yang Jinzhu lawyer

                                     March 10, 2014  

 

Annex a:  

 LakeNan Yuelin law firm has weak legal aid center

Lawyer and volunteer recruitment rules

(Draft)

                      Before   Words

Hunan Yue Lin law firm to help vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firmCause (weak legal aid centerHereinafter referred to as "weak legal aid center"). The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue director Lin firm Li Maolin lawyers served as honorary director, Yang Jinzhu served as the director of lawyers.

Hunan Yue Lin law firm has"The establishment of matters. Weak legal aid center" to the Changsha Municipal Judicial Bureau and Changsha City Bar Association for the record.

Hunan Yue Lin law firm has hired domestic criminal law, criminal procedure law, civil law, administrative law, commercial law famous experts in the field ofGao Mingxuan, Chen Guangzhong, Jiang Ping, Ying Songnian, Wang Baoshu, Fan ChongyiZhao Bingzhi, Bian Jianlin, Chen Zexian, Chen WeidongJiang Mingan, Yang Lixin, Huang Jingping, Lu Jianping, Zhang Mingkai, Liu Zhiwei,Wang Minyuan, Wang Jiancheng, Gu Yongzhong, Song Yinghui(in no particular order)20 professors and China law "democracy and the rule of law" as the "chief editor Liu Guiming cause weak legal aid center" expert advisor.

Yang Jinzhu lawyers in March 20, 2014 donated 1000000 yuan RMB as the establishment of "yuan weak legal aid center" start-up capital and 2014 annual operating funds. The special funds for the operation of the fund and the payment center for legal aid lawyers handling fees and travel expenses.

Since 2015, Yang Jinzhu's lawyer in the first week in January of each year, aid to "cause weak center" donated 1000000 yuan as the annual "cause weak legal aid center" of the operation of funds.

Hunan Yue Lin law firms in the "yuan weak legal aid center" has not obtained the approval of relevant departments, do not accept any form of social public donations.

 

  Article 1  Hunan Yue Lin law firm to aid vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firm has weak legal aid center (hereinafter referred to as "weak legal aid center."). The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue Lin law firms on the basis of our "lawyer law" and other relevant laws and regulations formulated the rules.

 

Article second  "Cause weak legal aid center" for the National Recruitment50A criminal case of legal aid lawyers volunteer. To participate in the "yuan weak legal aid center" lawyer volunteers must have the following conditions:

(a) a lawyer's practice for more than five years, handled20Above of criminal cases, has some experience in handling criminal cases; with more than ten years of experience, and the lawyer's criminal defense as the main business is preferred.

Practicing for three years more than five years of lawyer, but getting good grades in criminal defense as "can cause weak legal aid center" lawyer volunteers

(two) to comply with the discipline of lawyers and occupation moral, no record of bad practice, not by the judicial administrative organs of the administrative punishment and the bar association disciplinary.

(three) "service philosophy and purpose recognized cause weak legal aid center".

(four) keen social cause weak legal aid for public welfare, public welfare legal aid cases dutifully.

(five) in collaboration with team work spirit, to obey "cause weak legal aid center" for legal aid matters arrangement.

(six) the lawyer volunteers should explicitly support practicing law firm. The firm shall issue an official letter to the Hunan Yue Lin law firm.

Hunan Yue Lin Law Firm lawyer system in "yuan weak legal aid center" of legal aid lawyer.

 

Article third "Cause weak legal aid center" lawyer volunteers and practicing law firm does not terminate employment or labor relations, and "yuan weak legal aid center" does not have the employment or labor relations, "only to cause weak legal aid center" assigned legal aid work.

 The Law Firm lawyer volunteers responsible for handling relevant legal documents issued by the legal aid of the case.

 

Article fourth  The lawyer volunteers to Hunan Yue Lin Law Firm lawyer license copy, submit written application, judgment practice resume and relevant proof performance.

The lawyer volunteers should obtain the lawyer firm's consent, shall submit the letter format issued by law firms to Hunan Yue Lin law firm(The letter see Annex).

Hunan Yue Lin law firm after examination and approval, firm Hunan Yue Lin lawyers and lawyers to be volunteers signed more than one year period "Cause weak legal aid center volunteer agreement ".

 

Article fifth  The lawyer volunteers "cause weak legal aid center" assignment, the vulnerable groups in criminal cases or criminal miscarriages of justice to provide legal aid services.

 

Article Sixth  "Cause weak legal aid center" the case according to the degree of difficulty,According to the National Center for legal aid to pay the legal aid lawyer compensation standards more than five times (not less than five times the actual payment) lawyers volunteer handling returns and the process of handling a case of travel expense.

Hunan Yue Lin law firm in Hunan signed the "Yue Lin lawyer legal aid agreement for weak legal aid center book" three days, by bank transfer will aid lawyers handling returns into account time practicing law firm lawyers aid is, by the law office to aid lawyer.

    "Cause weak legal aid center" appointed lawyers to provide legal aid volunteers which occurred in the process of handling a case of travel and accommodation costs, by "the yuan weak legal aid center" by bill accountable.Aid lawyer should pursue the principle of conservation in the process of handling cases. The plane may be sitting first-class cabin, accommodation in general residential business hotel chain, not to eat the seafood feast.

 

Article seventh  The lawyer volunteers in violation of discipline of lawyers and lawyers occupation moral situation in handling "cause weak legal aid center" assigned legal aid cases, after investigation, Hunan Yue Lin law firm has the right to unilaterally lift the "Hunan Yue Lin law firmCause weak legal aid center volunteer agreement ", andParties are advised to remove entrust to the assistance of counsel, "yuan by weak legal aid center" designate other lawyers to provide legal aid to the volunteers. Be lifted commissioned lawyers aid should be full refund has charge of the reward, the lawyer law firm where will the money transfer into Hunan Yue Lin law firm account.

 

Article eighth   "On the yuan weak legal aid center" lawyer volunteers and Hunan Yue Lin firm agreement, the priority to renew "Hunan Yue Lin law firmWeak legal aid centerVolunteer agreement ".

 

Article ninth The rules came into force in March 22, 2014, by the Hunan Yue Lin law firms responsible for amendment or interpretation.

   

    Annex:

  Official lawyer volunteers where practicing law firm Hunan Yue Lin law firm

 

Hunan Yue Lin law firm:

     I agree with you on March 22, 2014 implementation of the "Hunan Yue Lin law firm lawyers yuan weak legal aid center volunteer recruitment rules", "Hunan Yue Lin law firm has weak legal aid center for criminal legal aid cases accepted weak way" and "Hunan Yue Lin law firm has weak legal aid center in handling cases of criminal legal aid cause weak rules of operation", I agree with the XXX lawyer and you signed the "Hunan Yue Lin law firm lawyers yuan weak legal aid center volunteer agreement", support XXX lawyers become Hunan Yue Lin law firm lawyers yuan weak legal aid center of volunteers, to provide legal aid for vulnerable groups of miscarriages of justice, promote the rule of law progress.

                                                 

                                      XXXXXXX law firm

                               Years Month Day

  Annex two:

       Hunan Yue Lin law firm has weak legal aid center
   Cause weak criminal legal aid case acceptance procedures

                  (Draft)

    Article 1  Hunan Yue Lin law firm to aid vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firm has weak legal aid center (hereinafter referred to as "weak legal aid center."). The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue Lin law firms on the basis of our "lawyer law" and other relevant laws and regulations formulated.

 

    Article second  "The range found weak legal aid center" criminal case acceptance vulnerable groups and miscarriages of Justice:

    One, after "cause weak legal aid center" to review the case materials, the preliminary confirmation of a trial the defendant shall be sentenced to life imprisonment or more miscarriages of justice, and the defendant in criminal cases of second instance families because of economic difficulties can not afford a lawyer;

   Two, through the "yuan weak legal aid center" to review the case materials, preliminary confirmation has been an effective judgment defendants sentenced to life imprisonment or more miscarriages of justice, and the defendant in criminal appeal cases families because of economic difficulties can not afford a lawyer;

   Three, through the "yuan weak legal aid center" to review the case materials, the preliminary confirmation of a case of First Instance sentenced the accused in prison or the entry into force of the second case to case, there may be declared that the accused man was not guilty,And the defendant family because of financial difficulties can not afford a lawyer of the second instance in criminal cases or criminal appeal case.

    In the investigation stage of criminal cases and the first instance trial of criminal cases, does not belong to "cause weak legal aid center" of the scope of accepting cases.

    

    Article third   The defendant to "cause weak legal aid center" to apply for legal aid or near relatives shall be the defendant, to "cause weak through the original hire counsel center" to provide the following materials of the case, including but not limited to: the detection volume, court of first instance, the court of second instance proceedings proceedings volume volume, new evidence materials etc..

 

    Article fourth   "Cause weak legal aid center" received the defendant to apply for legal aid or the defendant close relatives through the case materials raw hired lawyer provides, the case according to the degree of difficulty, the lawyer volunteers to review the case material assignment "cause weak legal aid center", and issue a written examination opinions within a certain time period.

    One, "yuan weak legal aid center" to the general criminal cases assigned two lawyers volunteer to review the case materials, issue a written examination opinions within a month. "Senior criminal defense lawyer for more than five yuan weak legal aid center" organization to study the written examination opinions, decide whether or not to accept the.

   Two, "yuan weak legal aid center" of difficult criminal cases assign three or more lawyers volunteer to review the case materials, issue a written examination opinions within a month. "Senior criminal defense lawyer for more than ten yuan weak legal aid center" organization to study the written examination opinions, decide whether or not to accept the.

   Three, "yuan weak legal aid center" for particularly complex difficult criminal cases assign five or more lawyers volunteer to review the case materials, issue a written examination opinions within a month. "The organization of expert consultants cause weak legal aid center" mission to study the written examination opinions, decide whether or not to accept the.

 

    Article fifth  Consistent with this approach to the second legal aid cases, Hunan Yue Lin law firm to the applicant "Hunan Yue Lin law firms for legal aid of the case acceptance notice" weak legal aid center. The notice will be "name cause weak legal aid center" appointed lawyer volunteers name, practice law firms and inform the applicant of the contact, by the applicant and the lawyers volunteer lawyers firm signed a "legal aid agency contract".

 

   Article Sixth  Not conforming to the provisions of article second of the legal aid cases, Hunan Yue Lin law firm to the applicant "Hunan Yue Lin law firm has weak legal aid center of legal aid cases inadmissible notice". The inadmissible notice will vary according to the circumstances to the applicant to make specific instructions:

    For one, the original judgment right or has some flaws but does not affect the decision of punishment for the crime of a trial of second instance cases, suggest to the applicant a lawsuit or otherwise engage other lawyers as the defender in the second instance.

     Two, for the original judgment right or has some flaws but does not affect the original sentence the criminal appeal cases of conviction and sentencing, recommend the applicant interest disputes, no complaint or no petition.

      

   Article seventh  In view of the Hunan Yue Lin law firm has weak legal aid center in without the approval of relevant departments under the condition of not accepting public donations, restricted by Yang Jinzhu every year to donate 1000000 yuan, "yuan weak legal aid center" every year the admissibility of the criminal legal aid cases between ten to twenty.

   "Cause weak legal aid center" at his inability to undertake legal aid of the case to case, the location of the Bureau of Justice Legal Aid Center issued the "legal aid proposal" proposal, the Bureau of Justice Legal Aid Center to provide legal aid to the case.

 

Article eighth In this wayIn March 22, 2014 the implementation,The Hunan Yue Lin law firms responsible for amendment or interpretation.

 

 

  Annex three:

 

       Hunan Yue Lin law firm has weak legal aid center
   Cause weak criminal legal aid cases handling procedures

                  (Draft)

 

    Article 1  Hunan Yue Lin law firm to aid vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firm has weak legal aid center (hereinafter referred to as "weak legal aid center."). The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue Lin law firms on the basis of our "lawyer law" and other relevant laws and regulations formulated the rules.

 

     Article second  "The basic principles. The weak legal aid center" for the vulnerable groups of criminal miscarriages of Justice

   One, unified, unified examination, unified admissibility assignment, unified supervision principle.

   Two, in compliance with the fair, fair, timely and effective principle.

   Three,The lawyer volunteers to provide legal aid to take facts as the basis, take the law as the criterion, keep state secrets, commercial secrets and personal privacy.

   Four,The lawyer volunteers shall strictly abide by the discipline of lawyers and legal aid occupation moral.  

 

     Article third  "Cause weak legal aid center" in accordance with the "Hunan Yue Lin law firm has weak legal aid center for criminal legal aid cases accepted way weak" uniformly accept legal aid cases, "the defender in the second instance cause weak legal aid center" appoint lawyers volunteers served as the case or appeal agent, participate in the second defense or appeal to the people's court.

 

    Article fourth  "Cause weak legal aid center" appointed lawyer volunteers served as legal aid of the case to trial counsel, the legal aid of the case or the defendant near relatives shall volunteers and lawyer law firm where the sign "book" legal aid agreement procedure of second instance in criminal cases, the defendant legal aid of the case or the defendant close relatives to aid lawyers issued "power of attorney".

 

    Article fifth "Cause weak legal aid center" appointed lawyer volunteers served as legal aid of the case to trial counsel, shall be formulated in accordance with the National Lawyers Association norms for handling criminal cases, dutifully doing trial advocacy work.

 

    Article Sixth  "Cause weak legal aid center" appointed lawyer volunteers served as legal aid case retrial agent, the legal aid of the case or the defendant near relatives shall and "cause weak legal aid center" appointed lawyers volunteer law firm where the criminal appeal cases signed "agency agreement", the legal aid of the case or the defendant people close relatives to aid lawyers issued "authorization".

 

    Article seventh  For the case of criminal appeal aid lawyers in the Commission, should further review the case materials, meet the defendant, conduct necessary investigation to obtain new evidence, the people's court have jurisdiction to submit the official letter and the power of attorney law firm, and submit a written "the evidence of cross examination opinions" and "retrial defense the word" to the people's court, the people's court filing a case for retrial recommendations on the case.

 

    Article eighth  After the people's court has jurisdiction to reject the appeal decision, whether to appeal to the people's court at a higher level or by the Supreme Court, " cause weak legal aid center" business guidance committee decided after discussion of collective study.

 

    Article ninth   After the people's Court of retrial case review decision and decision retrial verdict, "two aid lawyer found weak legal aid center" designated as the retrial retrial defense counsel, participation.

 

    Article tenth    The two aid lawyers as the retrial defender shall request the court hearing the case. Where the court retrial aid cases, "yuan weak legal aid center" is assigned to two senior lawyer business guidance committee to participate as observers, depending on the specific situation to decide.

 

    Article eleventh "After the two aid lawyer found weak legal aid center" assigned to aid in the conclusion of the case, should be to "cause weak legal aid center" to submit a complete dossier archiving, and issue a written "XXX" legal aid cases report.

 

    Article twelfth  "Cause weak legal aid center to provide legal aid to appoint a lawyer" volunteers, "yuan weak legal aid center" and lawyers volunteer should be based on the degree of difficulty is the case payment agreement and shall be clearly stipulated in the "Hunan Yue Lin law firm has weak legal aid center of legal aid agreement", five times the reward is not the case below the Bureau of Justice Legal Aid Center in return for handling similar legal aid of the case.

    Hunan Yue Lin law firm in Hunan signed the "Yue Lin lawyer legal aid agreement for weak legal aid center book" three days, by bank transfer will aid lawyers handling returns into account time practicing law firm lawyers aid is, by the law office to aid lawyer.

 

   Article thirteenth  "Cause weak legal aid center" appointed lawyers to provide legal aid volunteers which occurred in the process of handling a case of travel and accommodation costs, by "the yuan weak legal aid center" by bill accountable.

   Aid lawyer should pursue the principle of conservation in the process of handling cases. The plane may be sitting first-class cabin, accommodation in general residential business hotel chain, not to eat the seafood feast.

 

    Article fourteenth The lawyer to provide legal aid volunteers in the process of handling a case if there is a violation of discipline of lawyers and occupation moral situation, by the parties after complaints and verified, "yuan weak legal aid center" the parties are advised to remove entrust, by "the yuan weak legal aid center" designate other lawyers to provide legal aid to the volunteers. Be lifted commissioned lawyers aid should be full refund has charge of the reward, the lawyer law firm where will the money transfer into Hunan Yue Lin law firm account.

 

    Article fifteenth The lawyer volunteers for the legal aid of the case by the court acquitted, "cause weak legal aid center" to aid lawyers special. Protocol for individual crime, two aid lawyers each reward ten thousand yuan. The original common crime, for the case of all aid lawyer bonus shall be limited to fifty thousand yuan.

 

   Article sixteenth "Cause weak legal aid center" assigned aid lawyer has the right of defense independent in the process of handling cases, but "cause weak legal aid center" business on the steering committee appointed aid lawyer in undertaking aid cases in the process of criminal defense, criminal defense and defense thinking skills has the right recommendations.

 

     Article seventeenth "Cause weak legal aid center" on the assigned aid lawyers in the case of compliance with the discipline of lawyers and occupation moral has the right of supervision.

 

     Article eighteenth   These operating rules came into force in March 22, 2014, by the Hunan Yue Lin law firms responsible for amendment or interpretation.