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1) ID card or other valid identification certificate, and the applicant shall also have proof of rights;
2) Proof of financial hardship;
3) Case materials related to the matter for which legal aid is applied.
The certificate of financial hardship shall be issued by the sub-district office of the applicant's residence and the township people**.
Proof of financial hardship shall include information such as the minor applicant's family demographic status, employment status, and per capita household income.
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Legal aid refers to a legal guarantee system in which lawyers who organize legal aid by legal aid institutions established by ** provide free legal services to people with financial difficulties or special cases.
It is necessary to submit an ID card or other proof of identity, a certificate of financial hardship, materials related to the application case, and an application form.
Article 17 of the "Legal Aid Regulations" stipulates that citizens applying for legal aid for ** and criminal defense shall submit the following documents and supporting materials:
1) ID card or other valid identity certificate, ** applicant shall also submit proof of ** right;
2) Proof of financial hardship;
3) Case materials related to the matter for which legal aid is being applied for. The application shall be in written form, and the application form shall be filled; Where it is truly difficult to submit an application in writing, the application may be made orally, and the staff of the legal aid institution or the staff of the relevant institution transferring the application on their behalf shall make a written record.
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Applicants for legal aid should submit the following documents to the Legal Aid Centre:
1.Proof of identity, such as resident ID card, household registration certificate or other valid proof of identity (e.g. temporary residence permit);
2.Proof of financial hardship, such as relief certificate, certificate of financial hardship of the applicant and his family members issued by the relevant department or unit, employee laid-off certificate, unemployment certificate, etc.;
3.Proof of legal rights and interests, such as property ownership certificates, kinship certificates, factual materials of infringement of rights and interests, etc.;
4.Other materials that the Legal Aid Center deems necessary.
** or on behalf of the application should also submit the proof of the right qualification and the basic information of the person.
Legal aid refers to a legal guarantee system in which legal aid institutions established by ** organize legal aid personnel to provide free legal services to persons with financial difficulties or special cases. Special cases refer to cases where the defendant in a criminal case is blind, deaf, mute, or a minor who has not retained a defender, or where the defendant may be sentenced to death but has not retained a defender, shall receive legal aid in accordance with article 34 of the Criminal Procedure Law of the People's Republic of China.
1. Under what circumstances can legal aid be applied.
According to Articles 10 and 11 of the "Regulations of the People's Republic of China on Legal Aid", citizens who have the following matters and have not retained a person or defender may apply for legal aid or have a defense appointed by the people's court:
1. Requesting compensation from the state in accordance with law.
2. Requesting social insurance benefits or minimum subsistence security benefits.
3. Requests for payment of pensions and relief funds.
4. Requests for alimony, child support, or alimony.
5. Requests for payment of labor remuneration.
6. Asserting civil rights and interests arising from acts of righteousness and courage.
7. Personal injury compensation cases caused by medical accidents, traffic accidents, and work-related accidents.
8. Cases in which the victim requests divorce and compensation for personal injury due to domestic violence, abuse, bigamy, etc.
9. The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are taken.
10. Victims in public prosecution cases and their legally-designated ** persons or close relatives have not retained a litigant due to financial hardship since the date on which the case was transferred for review for prosecution.
11. The private prosecutor of a private prosecution case and his or her statutory ** person have not retained a litigator due to financial difficulties since the date the case was accepted by the people's court.
12. In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, where the people's court designates a defense for the defendant, the legal aid institution shall provide Sun Zhi for legal aid, and there is no need to conduct a review of the defendant's financial status.
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1. ID card or other valid identity certificate, the applicant shall also submit a certificate of ownership.
2. Proof of financial hardship. From the previous introduction, it can be seen that an important purpose of the state's establishment of the legal aid system is to ensure that the people in financial difficulties can also afford to hire lawyers or other legal service providers and fight lawsuits. However, proof of financial hardship may not be required in certain circumstances.
3. Case materials related to the matter for which legal aid is applied for, mainly materials that can prove the facts of the case. At this stage, legal aid cannot cover all the legal needs of the people in difficulty, and the matters that can obtain legal aid are mainly some matters closely related to the production and life of the masses. The matter applied for legal aid must comply with the scope of the law, and the legal aid institution will make a judgment based on the materials provided.
If legal aid institutions find that the documents or supporting materials submitted are incomplete, they may request that they make necessary supplements or explanations. If no additions or explanations are made as required, the application will be deemed withdrawn.
What are the requirements to apply for legal aid?
l. Have a permanent residence or temporary residence permit;
2. Parties whose cases have been filed or have the conditions for filing a case by judicial organs or labor arbitration institutions;
3. There are facts that prove that legal assistance is needed to protect one's legitimate rights and interests;
4. Unable or unable to pay legal service fees due to economic difficulties (per capita monthly income of urban households of 125 yuan or less, and per capita monthly income of rural villager families of 50 yuan or less). There are generally five types of economic difficulties: poor family members in urban and rural areas; ** Dependents (other than welfare agency staff); Five-guarantee personnel; low-income personnel; Natural disasters or force majeure cause economic hardship.
Mass cases with a major impact may be exempted from economic standards.
4. How to apply for legal aid.
1. Before applying for legal aid, farmers should first apply to the court, tribunal or arbitration institution that has jurisdiction over the case to file a case;
2. Fill in the Legal Aid Application Form as required, and submit proof of identity and financial status and evidence related to the case;
3. Submit the completed Legal Aid Application Form and relevant materials to the staff of the legal aid center (station) for review, and truthfully ask questions from the staff;
4. The legal aid center (station) shall make a decision on whether or not to grant legal aid within 5 working days of receiving all the application materials, and notify the applicant in writing in different circumstances: Where legal aid is granted, the legal aid institution shall sign a legal aid agreement with the aid recipient or his guardian or legally-designated person; Where legal aid is not granted, the legal aid center (station) shall issue a notice of refusal of assistance to the applicant; Where the applicant has objections to the decision not to grant legal aid, he may apply to the county judicial bureau for reconsideration within 15 days of receiving the notice, and the judicial bureau shall make a decision within 5 working days of receiving the application for reconsideration and notify the applicant in writing.
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Legal analysis: proof of financial hardship, such as relief certificate, certificate of financial hardship of the applicant and family members issued by the relevant department or unit, employee laid-off certificate, unemployment certificate, etc. Materials related to the application for legal aid:
Such as the rights and obligations documents of the elderly, contracts, agreements, etc.; Proof of kinship with the relevant parties; Appraisal and conclusive documents issued by relevant organs and departments; Evidence and other relevant materials to prove the facts of the case; Other materials that the legal aid institution deems necessary to provide.
Legal basis: "Regulations of the People's Republic of China on Legal Aid" Article 12: In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the people's court shall provide legal aid when appointing a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.
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The materials to be submitted for legal aid application include: the applicant's ID card, temporary residence permit, or household registration booklet; Proof of family economic status, including property ownership, i.e., proof of ownership of houses, means of subsistence, savings deposits, valuable**, etc.; Materials related to the application for legal aid, etc.
1. How to apply for a free labor arbitration lawyer.
The application method for a free labor arbitration lawyer is as follows: submit an application to the legal aid institution in the place where the obligor who pays labor remuneration is domiciled, submit an ID card or other valid identity certificate, and the applicant shall also submit a certificate of authority; Proof of financial hardship; Rental documents related to the matter for which legal aid is sought.
2. What materials should be submitted for the notarization of the bequest and maintenance agreement?
To notarize the bequest and maintenance agreement, the parties should submit the following documents and materials:
1.Proof of identity (ID card, household register, etc.) of the parties (legatees, dependents, etc.). If the guardian is a collective-owned organization, the legal person qualification certificate and the identity certificate of the legal representative shall be submitted, and the person shall submit the authorization letter and identity certificate);
2.Proof of the circumstances of the family members and the relationship between the legatee and the dependents issued by the personnel department of the legatee's unit. If the legatee does not have a work unit, the above certificate can be issued by the sub-district office of his domicile or the township people**;
3.Proof of the dependent's family members, economic status and relationship with the legatee issued by the personnel department of the unit's employer;
4.Proof of ownership of the bequeathed property (e.g. house ownership certificate, deposit receipt, valuable**, etc.) and a list of the property;
5.Draft bequest and maintenance agreement.
3. Can I apply for legal aid for labor arbitration?
Labor arbitration may apply for legal aid, and if it is necessary to apply for legal aid for labor dispute arbitration, the applicant (who should be an individual employee) may submit an application to the local district or county legal aid center and submit the following documents and supporting materials:
1. ID card or other valid identity certificate, the applicant shall also submit a certificate of ownership.
2. Proof of financial hardship.
3) Case materials related to the matter for which legal aid is being sought.
After receiving the application and corresponding materials, if the legal aid center meets the requirements for legal aid after review, it will appoint a lawyer to provide legal aid to the client, and the client does not need to pay the lawyer's fee.
Article 10 of the Legal Aid Regulations.
Citizens who do not have a person to retain due to financial difficulties may apply to legal aid institutions for the following matters that require **:
1) Requesting state compensation in accordance with law;
2) Requests for social insurance benefits or minimum livelihood security benefits;
3) Requests for the payment of bereavement pensions or relief funds;
4) Requests for alimony, child support, or alimony;
5) Requests for payment of labor remuneration;
6) Asserting civil rights and interests arising from acts of righteousness and courage.
The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph.
Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.
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