(2010Years3Month26The day of the Eleventh Yunnan Provincial People's Congress Standing Committee of the sixteenth meeting)

 

Article 1 In order to guarantee the economic difficulties and other compliance with the statutory conditions of the citizens to obtain necessary legal services, promoting and regulating the legal aid work, according to the State Council "Legal Aid Ordinance" and the relevant laws and regulations, combined with reality of this province, the enactment of this ordinance.

 

Article second "Legal Aid Ordinance, is the legal aid institution refers to the people's government at or above the county level shall set up in the judicial and administrative departments of the organization in accordance with the legal services and legal aid workers, to provide free legal services for the economic difficulties or other compliance with the statutory conditions of citizens.

 

Legal services, refers to the registered in my province registered lawyers, notaries, grassroots legal service, the judicial authentication institution etc..

 

Legal aid workers, is a full-time legal aid institutions personnel and legal aid agencies assigned or arrangements for the matters of legal aid lawyers, notaries, grassroots legal service workers, judges and legal aid volunteers.

 

The recipient, refers to the legal aid to citizens.

 

Article third Legal aid is the responsibility of the government. The people's governments at or above the county level shall be the legal aid work into the plan for national economic and social development, the legal aid funds are included in the fiscal budget at the same level, and with the development of economy and society, gradually increasing financial input, ensure the organization and personnel work for legal aid, the legal aid institutions and economic and social development in harmony.

 

Province, prefecture (city) government shall set up special grant of legal aid funds, to give appropriate subsidies to the financial difficulties.

 

The legal aid funds shall be earmarked, and accept supervision by the financial, auditing and related departments.

 

Article fourth The judicial administrative department of the people's government at or above the county level shall supervise the legal aid work within their respective administrative areas, to strengthen the publicity of legal aid work.

 

Article fifth Support and encourage the trade unions, the Communist Youth League, women's federations and other mass organizations, universities and other social organizations to use their own resources, to provide free legal services for citizens with economic difficulties.

 

People's governments above the county level and judicial administrative departments shall commend and reward the units and individuals who have made outstanding contributions in the legal aid work.

 

Article Sixth The legal aid institutions responsible for acceptance, examination of legal aid applications, assigned or arrangement of legal services, legal aid staff for the provision of legal aid in accordance with the regulations of the citizens.

 

The legal aid institutions shall be legal services, legal aid staff training, guidance and supervision.

 

Article seventh Citizens with economic difficulties, the following items in need of legal aid, 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) maintain because do boldly what is righteous acts of civil rights;

 

(seven) because of work-related accidents, traffic accidents, medical malpractice, product quality accident and other adult personal injury or harm to property compensation request;

 

(eight) suffered domestic violence, abuse, abandonment and civil rights;

 

(nine) other matters as determined by the state and province.

 

Article eighth 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.

 

Article ninth The citizens with economic difficulties in accordance with the standard, the legal aid institutions accepting applications for the county (city, district) of urban and rural residents last year's minimum living guarantee standard1.5The execution times.

 

The applicant suffered natural disasters, casualties, disease caused by temporary economic difficulties, the legal aid institutions according to the specific circumstances identified.

 

Article tenth Economic difficulties that the applicant has his domicile or habitual residence neighborhood offices, township (town) people's government issued. Economic difficulties proof shall truthfully stated the applicant family population, labor, employment status, family property, family monthly (annual) per capita disposable income and source details.

 

Neighborhood offices, township (town) people's Government shall receive citizenship requirements issued by the economic difficulties that application5The completion of the review work days, to meet the requirements, issued by the economic difficulties proof; do not meet the conditions, do not issue a certificate, shall notify the applicant in writing, and explain the reasons. Any applicant who has an objection, after receipt of written notice from the date of10Working days to the people's government at the county level for review, the people's government at the county level shall from the date of receiving the application5Make a decision of reexamination working days.

 

Article eleventh Any of the following circumstances the applicant, deemed to comply with the standard of economic hardship, without need to give economic difficulties proof, but shall issue the corresponding certificate or certification materials:

 

(a) the rural "Five Guarantees" object;

 

(two) support or charities to support personnel by the government in the social welfare institutes;

 

(three) no fixed source and disability rating for five disabled people;

 

(four) are enjoying the minimum living allowance for workers;

 

(five) have special permits issued above the County Federation of trade unions of workers;

 

(six) rely on pension life staff;

 

(seven) request to pay labor remuneration, the migrant workers industrial injury compensation.

 

Article twelfth Advocates for do boldly what is righteous behavior and produce the civil rights of citizens to apply for legal aid, legal aid agencies should be to provide legal aid to the.

 

Article thirteenth Legal aid mainly take the following form:

 

(a) legal advice, draft legal documents;

 

(two) the criminal defense and criminal agent;

 

(three) the civil litigation;

 

(four) the administrative litigation;

 

(five) the labor dispute arbitration agency;

 

(six) the notary, judicial and other legal services.

 

Article fourteenth Citizens of this Ordinance seventh items listed in the application for legal aid shall be proposed, in accordance with the following provisions:

 

(a) claims for state compensation, the organ for compensatory obligations apply to legal aid institutions where the;

 

(two) request for social insurance treatment, the minimum living allowance or request grant pension, benefits, to provide social insurance, minimum living guarantee or grant pension, the legal aid institutions benefit obligations authorities where the filing;

 

(three) request for payment of alimony, child support, maintenance, legal aid agencies to alimony, maintenance, maintenance of the obligor domicile apply;

 

(four) request to pay labor remuneration, to apply to legal aid institutions to pay labor remuneration obligor domicile;

 

(five) maintain because do boldly what is righteous acts in civil rights and interests, to apply to legal aid institutions requested by the people of the place of domicile;

 

(six) because of work-related accidents, traffic accidents, medical malpractice, product quality accident and other adult personal injury or harm to property compensation request, to apply to legal aid institutions infringement or requested by the people of the place of domicile;

 

(seven) suffered domestic violence, abuse, abandonment and civil rights, to apply to legal aid institutions infringement or requested by the people of the place of domicile.

 

Article fifteenth This Ordinance eighth listed persons to apply for legal aid, legal aid agencies should be the people's court to the case where the application. The suspect who is detained by the house of detention for24Hours to legal aid agencies, legal aid application required documents, documents submitted by the applicant notified by the legal agent or near relatives to help provide.

 

Article sixteenth The legal aid institution shall, from the date of receiving the application7The completion of the review work days, and make a written decision on whether to provide legal assistance.

 

The applicant has any objection to the legal aid institutions not to aid decision, can be received from the date of decision15Days to the competent judicial and administrative departments put forward an application for review; judicial administrative department shall, after receiving an application for review from the date of5The completion of the review work days, upon examination, 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; do not meet the conditions of legal aid, should be maintained not aid decision, and inform the applicant of the reasons for the book.

 

Article seventeenth Application for legal aid shall be accepted by a legal aid institutions. Two or more legal aid agencies can accept the application, the applicant shall apply to legal aid institutions put forward one. The applicant to two or more legal aid agencies to apply, is the first to receive legal aid institutions for acceptance.

 

The legal aid institutions for legal aid cases between accepting the dispute, by their common superior judicial administrative department shall make the decision.

 

Article eighteenth The legal aid institutions that the case, complex, cross administrative regions, may request the judicial administrative department at a higher level of legal aid institutions designated to handle or directly handle.

 

Superior judicial administrative department legal aid institutions deemed necessary, can be handled directly under the jurisdiction of the judicial administrative department at a lower level of legal aid agencies legal aid cases, or the area of legal aid cases under a specified level or other legal aid institutions.

 

Legal aid agencies can entrust foreign legal aid agencies to assist with the relevant legal aid matters, while legal aid institutions shall provide assistance.

 

Article nineteenth The applicant is a person without civil capacity or a person with limited capacity for civil conduct of the people, by the legal agent or guardians to apply. No statutory agent or guardian, the domicile or habitual residence of the neighborhood committees, village committees or the civil affairs department to apply for the.

 

Article twentieth The legal aid institutions of public security organs, people's Procuratorate received, the people's court to the criminal suspect in custody, the defendant's legal aid application, examination and decision, the public security organs shall timely inform the people's Procuratorate for handling the case, the people's court.

 

Article twenty-first Decided by the people's court for judicial assistance to applicants on the basis of the application for legal aid, legal aid agencies to accord with the provisions of article seventh, article eighth regulations, shall directly make a grant of legal aid decision. Decided to grant legal aid recipients as the basis, to the people's court for judicial assistance, the people's court shall directly make for judicial assistance decision.

 

Article twenty-second Any of the following circumstances, legal aid agencies to accord with the provisions of article seventh, article eighth regulations, can immediately decided to provide legal aid, pay the relevant materials of proof by applying personnel:

 

(a) limitation of labor dispute arbitration, litigation prescription expires;

 

(two) the need to take immediate measures for the preservation of;

 

(three) the parties face the life safety and major property risk;

 

(four) does not provide legal aid society will cause adverse effects, the intensification of social contradictions.

 

The legal aid institution shall timely review of matters to provide legal aid; if it does not meet the conditions of legal aid, legal aid shall be terminated.

 

Article twenty-third To provide legal aid for any of the following circumstances not, legal aid agencies should be written to explain to an applicant:

 

(a) application does not belong to the people's court or the labor dispute arbitration acceptance scope;

 

(two) the respondent is not clear or the applicant cannot provide the case evidence and not investigation;

 

(three) the appeal case by the people's court did not put on record;

 

(four) application has exceeded the statutory limitation;

 

(five) the legal aid matters have been closed or disposed of, the applicant on the same facts and reasons to apply for legal aid.

 

Article twenty-fourth The legal aid institutions or the person in charge of examination and approval of application for legal aid workers, is a close relative of a legal aid applicant or the application matters of interest, should be avoided.

 

Avoid personnel legal aid institutions, the legal aid institutions responsible person; legal aid agencies to avoid, decided by the judicial administration department and the competent.

 

Article twenty-fifth The people's court appointed defense cases, should be in session10Recently the specified uniform receive legal aid institutions defending notice, a copy of the bill of prosecution, protest copy or judgment copy to the people's government at the same level to set up and implement.

 

The people's court appointed defense notice shall specify the nature of the case, the name of the defendant, the designated defense reasons, the case undertakers name and contact way. Has decided to hold a trial court, shall state the time, place.

 

Legal aid agencies should be in session3Recently will determine the legal aid staff name, qualification and contact way back to designated by the people's court.

 

Article twenty-sixth The recipients received legal aid decision book, legal service institutions shall be specified in the letter and decided to entrust formalities, clearly the rights and obligations of both parties.

 

Article twenty-seventh Recipient shall have the right to know the progress to provide legal aid matters for the legal aid workers, there is evidence that fails to perform the duty, the recipient can request the legal aid institution change.

 

The recipient shall cooperate with the legal aid personnel to carry out the work of legal aid, and shall not conceal the truth and providing false materials. The recipient is not the obligation of cooperation or refuse to legal services agency, the designation of the legal aid institution without justification for legal aid workers, not on the same matter to apply for legal aid.

 

The recipients in the recipient during the improving economy no longer meet the conditions of legal aid, has the obligation to inform the legal aid institutions, legal aid agencies should be an end to the legal aid.

 

Article twenty-eighth Legal aid personnel shall carry out the legal aid activities in accordance with the law, abide by the occupation morals and professional discipline, safeguard the legitimate rights and interests of the person under.

 

Legal aid personnel shall have the following acts in the legal aid activities:

 

(a) refused, unwarranted delay, terminates or entrust others to handle the matters of legal aid;

 

(two) collect property from the recipient or seek other illegitimate interests;

 

(three) the recipient privacy leak;

 

(four) not timely to the recipient reporting matters of legal aid progress;

 

(five) found that the recipient is not eligible for legal aid, legal aid agencies are not reported to the approval of the termination of the legal aid.

 

Article twenty-ninth Matters of legal aid applications15Days, the legal aid personnel shall submit a final report to the legal aid institutions, legal instruments and other closed materials.

 

Article thirtieth The legal aid institutions shall close the material date10The completion of the review working days. Review of qualified, shall review qualified date30Days of legal aid personnel payment of legal aid case subsidies, review the unqualified, corrections shall be required.

 

Legal aid case subsidy standards, approved by the provincial administrative department jointly with the financial department of the province, and make adjustment according to the level of economic development.

 

Article thirty-first Legal aid fund to carry out activities in accordance with the law, accept the enterprises, institutions, other social organizations and individuals to donate, provide funds or material support for legal aid. The legal aid funds shall be earmarked, accept supervision of the relevant departments and society.

 

To encourage enterprises and institutions, other social organizations and individuals to donate money to the legal aid institutions. Donation of property, to enjoy the preferential tax in accordance with the relevant provisions of the state.

 

Article thirty-second State organs, enterprises, institutions and other social organizations shall support, legal aid agencies and legal aid personnel to carry out the work of legal aid, to provide convenient conditions. For legal aid matters involving the archives query fee, consulting services, access to archives protection fee, that fee, material fee shall be exempted from copying or reduce.

 

Article thirty-third The judicial administrative department staff, legal aid agencies, legal services and legal aid staff in the legal aid activities in violation of relevant laws, regulations and the provisions of the regulations, given a sanction or administrative punishment by the judicial administration department in accordance with the law; constitute a crime, shall be investigated for criminal responsibility according to law.

 

The notary office, grassroots legal service, the judicial authentication institutions and notaries, grassroots legal service workers, judicial personnel violate the provisions of these regulations, be punished according to the provisions of the State Council "Legal Aid Ordinance" article twenty-seventh, article twenty-eighth.

 

Article thirty-fourth Citizens to concealment, deception or other improper means to obtain legal aid, legal aid agencies shall terminate the legal aid, and retrieves relevant legal aid fees.

 

Issued false economic difficulties proof, by their units or the superior department of the relevant responsible persons shall be given punishment.

 

Article thirty-fifth This Ordinance shall2010Years7Month1The date of promulgation.