Legal aid refers to legal aid institutions set up by local people’s governments at or above the county level to receive and review legal aid applications in accordance with the law, and organize legal aid service agencies and legal aid personnel to provide legal advice, agency, criminal defense, and other laws for citizens who meet the legal requirements without compensation. Service activities.
Legal aid is a legal aid institution established in our country. It is a legal system that organizes legal service personnel to provide legal assistance to parties in economic difficulties or special cases to reduce or reduce legal defense fees.
According to Article 41 of China ’s “Lawyers Law”: citizens need help from lawyers in maintenance, work injury, criminal proceedings, requesting state compensation, and requesting a pension according to law, but those who are unable to pay for lawyers ’fees can obtain the law in accordance with state regulations assistance.
Article 42 also stipulates that lawyers must assume legal aid obligations in accordance with regulations, perform their duties with due diligence, and provide legal services to recipients. Although China has a legal aid system, it is not easy to apply for legal aid.
First of all, there are strict requirements on the application conditions, and secondly on the applicants, there are clear requirements in the relevant laws. If the required conditions are not met, even if legal aid is applied for, it will not be approved in the end. Legal aid is able to reduce lawyer fees, but not everyone can enjoy this right. So what are the specific requirements? In fact, those who meet the following conditions can apply for legal aid.
1. Citizens of our country who are unable or unable to pay for legal services due to economic difficulties (based on the minimum living standards set by local government departments) and have sufficient reasons to prove that they need help to protect their legitimate rights and interests, can apply for law assistance.
2. Claiming the civil rights and interests arising from acts of justice.
3. Request for a pension or relief;
4. Requesting state compensation in accordance with law;
5. Request for payment of labor remuneration;
6. Request for payment of alimony, maintenance, and alimony;
7. Request for social insurance treatment or minimum living security treatment;
8. In a criminal case, in a public prosecution case, if the defendant has not appointed a defender because of financial difficulties or other reasons, the people’s court may designate a defense lawyer for it;
If the defendant is blind, deaf, mute and other disabled persons and minors, as well as the elderly, if the defendant is not appointed, the court shall also designate a defense lawyer; if the defendant may be sentenced to death but he has not appointed a defender, the court shall It appoints a defence lawyer.
9. In addition to liability accidents, legal matters for claiming compensation for public injury;
In addition, the applicants must meet the conditions of “there is sufficient reason to prove that legal assistance is needed to protect their legitimate rights and interests” and “there is indeed financial difficulty or the court has to appoint a defence lawyer”.
So, what is legal aid provided? What are the forms of legal aid? Let’s take a look. According to the relevant regulations of the Ministry of Justice, legal aid mainly takes the following forms:
(1) answering legal advice and drafting legal documents;
(2) criminal defense and criminal agency;
(3) Agents in civil and administrative proceedings;
(4) agents for administrative reconsideration, arbitration and other non-litigation legal affairs agents;
(5) Other forms of legal aid provided by laws and regulations.
Once you meet the conditions and understand the procedure, we need to provide an application for legal aid, so what kind of documents are needed? Do you know?
1. My valid identity certificate, such as ID card, household registration book.
2. Proof of family financial status, such as property status, income proof.
3. Relevant materials for applying for legal aid: documents such as contracts, contracts, agreements and other rights and obligations; proof of kinship relations with relevant parties; appraisal and conclusive documents issued by relevant agencies and departments; evidence to prove the facts of the case and other related documents data.
4. Other materials deemed necessary by the legal aid agency.