How do I apply for legal assistance? Requirements for applying for judicial assistance

According to the provisions of the Civil Procedure Law of the People's Republic of China, the parties must pay the litigation fees in advance before the people's court can file and accept the case. This provision does pose a problem for those parties whose legitimate rights and interests have been infringed upon and who urgently need legal protection but who have real financial difficulties. On July 12, 2000, the Supreme People's Court finally promulgated the Provisions on Judicial Assistance for Parties with Genuine Financial Difficulties, which relieved the urgent needs of those parties in difficulty.

According to the provisions, a party may apply to the people's court for judicial assistance under any of the following circumstances, and the payment of litigation fees shall be deferred, reduced, or exempted: (1) the party seeks alimony, alimony, child support, or pension; (2) The parties have real difficulties in making a living by recovering pensions, social insurance funds, or labor compensation; (3) The party is a victim of a traffic accident, medical accident, work-related injury accident, or other personal injury accident, and is seeking medical expenses and material compensation, and the party is truly living in difficulty; (4) The parties are lonely elderly people, orphans, or rural "five-guarantee households" who have difficulties in living; (5) The party concerned is a disabled person who has no fixed life**; (6) The party is the recipient of preferential care provided by the state and has difficulties in living; (7) The party is currently enjoying the minimum subsistence guarantee for urban residents or receiving unemployment benefits, has no other income, and has difficulties in living; (8) Where the parties have difficulties in their lives due to natural disasters or other force majeure, and are receiving state relief or have difficulty sustaining their family production and operations; (9) Where a party sues an administrative organ for illegally requiring farmers to perform their obligations and has difficulties in living; (10) The parties are receiving legal aid from the relevant departments; (11) The parties are social public welfare institutions such as welfare homes, orphanages, homes for the elderly, special care hospitals, psychiatric hospitals, SOS children's villages, and social welfare enterprises under the supervision of civil affairs departments. Parties requesting judicial assistance from the people's courts shall submit a written application and evidentiary materials sufficient to prove that they have financial difficulties.

Among them, those who apply for judicial assistance due to living difficulties or recourse to basic living expenses shall provide proof that their and their family's economic status meets the standards for citizens' financial hardship as provided by the relevant local departments. Where the people's court reviews and agrees to the parties' deferred payment of litigation fees, the period for deferred payment must not exceed the time limit for trial of the case; If it is agreed to reduce the litigation fee, the reduction ratio shall not be less than 30.

Judicial aid is within the scope of the business of the Bureau of Justice, and you can apply to the local judicial department (the usual procedure is to fill in a form for approval), and the scope of judicial aid is mostly economic assistance and legal aid.

Public security organs have the right to take criminal coercive measures against persons suspected of major crimes in handling criminal cases, and the investigation work usually does not stop after the compulsory measures are changed due to lack of evidence. Therefore, when this kind of lawsuit is not supported by strong evidence (such as the real suspect is punished), you will usually only lose the case.

I don't know what you mean by "the court admits wrongdoing", whether there is a formal legal document.

Legal analysis: In any of the following circumstances, the parties to civil and administrative cases may apply to the local courts for judicial assistance: 1. Recovering alimony, alimony, parenting, or pension; 2. It is really difficult to live by recovering pensions, social insurance funds, and labor remuneration; 3. Seeking medical expenses and material compensation for victims of traffic accidents, medical accidents, work-related accidents or other personal injury accidents, and they are truly in difficulty; 4. Lonely and widowed elderly, orphans or rural "five-guarantee households" who have difficulties in life; 5. Disabled persons who do not have a fixed life**; 6. Those who are the recipients of preferential care as stipulated by the state and have difficulties in life; 7. Those who are enjoying the minimum subsistence guarantee for urban residents or receiving unemployment benefits, have no other income, and have difficulties in living; 8. Those who have difficulties in living due to natural disasters or other force majeure, and are receiving state relief or whose family production and operation are unsustainable; 9. Suing an administrative organ for illegally requiring farmers to perform their obligations and making a living difficult;

Legal basis: "Regulations of the People's Republic of China on Legal Aid" Article 14: Citizens' applications for legal aid on matters listed in article 10 of these Regulations shall be submitted in accordance with the following provisions:

1) Where state compensation is requested, an application is to be submitted to the legal aid institution for the location of the organ with the obligation to compensate;

2) Where a request is made for social insurance benefits, minimum livelihood security benefits, or for the payment of a bereavement pension or relief fund, an application shall be submitted to the legal aid institution for the location of the obligated organ providing social insurance benefits, minimum livelihood security benefits, or the issuance of a pension or relief fund;

3) Where requests for the payment of alimony, child support, or alimony are requested, an application is to be submitted to the legal aid institution for the domicile of the person obligated to pay alimony, child support, or alimony;

4) Where payment of labor remuneration is requested, an application is to be submitted to the legal aid institution for the domicile of the obligor to pay labor compensation;

5) Where civil rights and interests arising from acts of righteousness and courage are asserted, an application is to be submitted to the legal aid institution for the place of residence of the person requested.

Legal analysis: Judicial aid belongs to the business scope of the Bureau of Justice, and you can apply to the local judicial department (the usual procedure is to fill in the form for approval), and the scope of judicial aid is mostly economic assistance and legal aid.

Legal basis: "Measures for the Payment of Litigation Costs" Article 4: The State provides judicial assistance to parties who have real difficulties in paying litigation fees, to ensure that they exercise their procedural rights in accordance with law, and to protect their lawful rights and interests.

Legal analysis: Judicial aid belongs to the business scope of the Bureau of Justice, and it can be applied to the local judicial department of Duan Danzai later (through the Wang Chang procedure is to fill in the form for approval), and the scope of judicial aid is mostly economic assistance and legal aid.

Legal basis: Measures for the Payment of Litigation Costs》 Article 4: The State provides judicial assistance to parties who have real difficulties in paying litigation fees, ensuring their lawful exercise of litigation rights and preserving their lawful rights and interests.

Applications for judicial aid are to be submitted by the parties to the case-handling organs, and where the victim is deceased, the close relatives who meet the requirements are to submit it. Applications are generally made in writing, and if there are genuine difficulties and a written application cannot be provided, oral methods may be used. Applicants should generally submit the following materials:

1. Application for assistance;

2. Valid identity certificate of the applicant;

3. Proof of actual damage consequences;

4. Proof of living difficulties;

5. Other supporting materials related to the application for assistance.

Provisions of the Supreme People's Court on Providing Judicial Aid to Parties with Genuine Financial Difficulties

Article 3. Where parties meet the requirements of article 2 of these Provisions and have any of the following circumstances, they may apply to the people's courts for judicial assistance:

1) Recourse for alimony, alimony, child-rearing expenses, or pensions, 2) Lonely and widowed elderly, orphans, and rural "five-guarantee households", 3) Disabled persons who do not have a fixed livelihood, or persons suffering from serious illnesses, 4) Recipients of preferential care and resettlement as provided for by the state, 5) Recourse to social insurance funds, labor remuneration, and economic compensation, 6) Victims of traffic accidents, medical accidents, work-related accidents, product quality accidents, or other personal injury accidents, and request compensation, 7) Where their lawful rights and interests have been harmed due to courageous acts of righteousness or to protect the public interest, and they or their close relatives request compensation or economic compensation, 8) Migrant workers in urban areas seeking compensation for labor remuneration or other lawful rights and interests that have been infringed upon, 9) Those who are currently enjoying the minimum subsistence guarantee for urban residents, relief for rural households living in extreme poverty, or receiving unemployment insurance money, and have no other income for the stupid family, 10) Those who have difficulties in living due to force majeure such as natural disasters, are receiving social assistance, or have difficulty sustaining their family production and operations, 11) Suing administrative organs for illegally requiring farmers to perform their obligations, 12) Those who are currently receiving legal aid from relevant departments, 13) Where the parties are social welfare institutions, homes for the elderly, special care hospitals, psychiatric hospitals, SOS children's villages, social assistance stations, special education establishments, or other social public welfare units, and 14) where judicial assistance is truly necessary in other circumstances.

An application for judicial aid only requires the parties to submit a written application to the case-handling organ, and where it is truly difficult to use the written application, an oral application may be made. The circumstances of judicial assistance include the recovery of alimony, alimony, childcare and pensions, the recovery of social insurance funds, labor remuneration and economic compensation, and the prosecution of administrative organs for illegally requiring farmers to perform their obligations.

OneHow to apply for judicial assistance

Applications for judicial assistance need to be submitted in writing by the parties to the case-handling organs, and where the criminal victim is deceased, the close relatives who meet the requirements are to submit it. Where it is truly difficult to apply in writing, oral methods may be used. Applicants should generally submit the following materials:

1.Application for Relief;

2.Valid proof of identity of the applicant;

3.Proof of the actual consequences of the damage;

4.Proof of hardship;

5.Other supporting materials related to the application for assistance.

Reminder, the proof of living hardship shall be issued by the village (resident) committee or the unit to which the applicant is registered or habitually resides. The proof of living hardship shall truthfully state the applicant's family size, working ability, employment status, per capita income of the family, and other specific circumstances.

IICommon situations of access to justice

Common situations of access to justice are as follows:

1.recourse to alimony, alimony, child support, or pension;

2.Persons with disabilities and persons with serious illnesses who do not have a regular life**;

3.Recipients of preferential care and resettlement as provided by the state;

4.recourse to social insurance money, labor remuneration and economic compensation;

5.Victims of traffic accidents, medical accidents, work-related accidents, product quality accidents, or other personal injury accidents who request compensation;

6.Where one's lawful rights and interests are harmed as a result of courageous acts of righteousness or to protect the public interest, and the person or a close relative requests compensation or economic compensation;

7.Migrant workers seeking compensation for infringement of labor remuneration or other lawful rights and interests;

8.Those who are enjoying the minimum subsistence guarantee for urban residents, the relief of rural households living in extreme poverty, or receiving unemployment insurance money, and have no other income;

9.suing an administrative organ for illegally requiring farmers to perform their obligations;

10.Those who are currently receiving legal aid from relevant departments.

IIIThe principle of access to justice

The following basic principles shall be followed in the state judicial aid:

1.Fair relief. That is, to comply with the standards and conditions for assistance, taking into account the actual situation of the applicant and the amount of assistance in similar cases, so as to achieve fair, just, and reasonable assistance.

2.Timely rescue. That is, for applicants who meet the requirements for bridge rescue, the case-handling organ shall provide assistance in a timely manner according to the applicant's application or in accordance with its authority.

If a party wants to seek judicial assistance, he or she can apply to the local judicial department, and the scope of judicial assistance is mostly economic assistance and legal aid. The people's procuratorate's national judicial aid work is an auxiliary relief measure adopted by the people's procuratorate in the course of handling a case against a party who has suffered a criminal or civil infringement, is unable to obtain effective compensation through litigation, and is facing urgent difficulties in life.

Article 5 of the People's Procuratorate's Detailed Rules for National Judicial Aid Work (Provisional) The People's Procuratorate's procuratorial department for appeals on criminal cases and banquets undertakes the following duties for national judicial aid work: (1) Accepting and reviewing applications for national judicial assistance; (2) Submit a national judicial aid review opinion and submit it for approval; (3) Issuing relief funds; (4) Other work related to state judicial aid.

Applications for relief are to be submitted by the parties to the case-handling organs; Where a criminal victim dies, the next of kin, who meets the requirements, is to submit it. Applications are generally made in writing. Where there are genuine difficulties and a written application cannot be provided, oral methods may be used. Applicants should generally submit the following materials:

1. The source of the rescue application;

2. Valid identity certificate of the applicant;

3. Proof of actual damage consequences;

4. Proof of living difficulties;

5. Other supporting materials related to the application for assistance.

Proof of hardship shall be issued by the village (resident) committee or the unit to which the applicant belongs. The proof of living hardship shall truthfully state the applicant's family size, working ability, employment status, per capita household income and other specific circumstances.

Decide on the procedure for the rescue.

Where a decision is made to provide assistance, formalities shall be completed in accordance with relevant financial provisions within 7 working days. After receiving the relief fund allocated by the financial department, the applicant shall be notified to receive the relief fund within two working days. For aid applicants with special circumstances such as urgent need for medical treatment, Bizhao may advance the aid fund in advance according to the aid standards, and promptly complete the approval formalities after the assistance.

After the applicant for relief has received assistance, if the people's court has obtained compensation or other enforcement money that should be paid from the person subject to enforcement, it shall deduct the relief money that has been issued from the enforcement money. Where the applicant for assistance fraudulently obtains relief funds by providing false materials or other means, the people's court shall recover it, and where a crime is constituted, criminal responsibility shall be pursued in accordance with law. Where, after receiving the relief funds, the petitioners involved in the litigation violate their commitment to settle the litigation and petitions, the people's courts shall recover the relief funds.