What are the procedures for legal aid and what are the procedures for applying for legal aid?

Updated on society 2024-04-08
6 answers
  1. Anonymous users2024-02-07

    Satisfied. Legal aid does not require a fee, otherwise it is not called legal aid. Write a written application and apply to the Department of Justice.

    the legitimacy of the matter in which the assistance is sought; Second, the applicant does not have the financial ability to pay or cannot fully pay the legal service fees. In accordance with the spirit of Article 34 of the Criminal Procedure Law of the People's Republic of China and Chapter VI of the Lawyers Law, China has not only borrowed from the practice of reflecting the general rules in the conditions of legal aid in various countries, but also fully considered the different levels of economic development and the differences in the income levels of citizens in various regions. There are two types of legal aid conditions: general conditions and special conditions.

    The general conditions are: l. There are sufficient reasons to prove that legal assistance is needed to protect one's legitimate rights and interests. The so-called legitimate rights and interests here refer to the fact that the matter for which assistance is applied for complies with the provisions of the law, and is a right that should be protected by the law or a right that is permitted to be exercised by the law.

    For example, citizens' requests for maintenance, work-related injury claims, and claims for state compensation for infringement are all rights that are expressly protected by law; A citizen's right to a criminal defense is a right that is permitted by law and has the legitimacy required by the conditions for legal aid. The so-called "well-founded" means that the applicant can provide a factual basis to prove the claim for the interest he is claiming. The so-called need for legal assistance means that the parties themselves do not understand the law, do not have the litigation skills to participate in the trial, and cannot effectively protect their legitimate rights and interests without the help of legal aid personnel.

    Legal aid is not required if the parties to the civil proceedings are themselves legal practitioners. This condition is also known as the Legality Condition. 2. Inability or inability to pay legal service fees due to financial difficulties.

    To measure whether the applicant meets this standard, it is mainly determined according to the economic development of various places and the living standards of the masses, with reference to the minimum subsistence security line standard determined by the local ** and the unemployment benefit standard formulated by the labor department. Where the per capita income of the family is lower than the minimum subsistence allowance standard and the unemployment benefit standard, the legal service fee shall be waived in full; Where the per capita income of the family is higher than the above two standards, but it is indeed difficult to pay all the legal service fees, the legal service fees should be reduced as appropriate. The special condition means that a party who meets the express provisions of the law (including judicial interpretations) can obtain legal aid through the appointment of the court without examining whether he meets the above general conditions.

    For example, if a defendant who is blind, deaf or mute, a juvenile, or a defendant who may be sentenced to death as provided for in article 34 of the Criminal Procedure Law has not retained a defender in a criminal trial, the people's court shall designate legal aid for them. For such designations by the courts, we should give priority to guarantees. In addition, the Ministry of Justice and the Supreme People's Court have made specific provisions in a joint document on economic hardship or special cases provided for in article 34 of the Criminal Procedure Law, which concretizes financial hardship and special cases into six situations.

  2. Anonymous users2024-02-06

    Apply to the court for enforcement.

  3. Anonymous users2024-02-05

    The court ruled that he had lost and had three days to remove the brick wall that blocked the only way into my house. But he hasn't been demolished for more than 3 months, and he still wants to beat people, what should he do?

  4. Anonymous users2024-02-04

    The conditions for legal aid can be divided into general conditions and special conditions. General conditions: Chinese citizens who are unable or incapable of paying legal service fees due to financial difficulties, and have sufficient reasons to prove that they need help to protect their legitimate rights and interests, may apply for legal aid.

  5. Anonymous users2024-02-03

    1. Submit an application to a legal aid institution and provide materials to prove that it meets the requirements for legal aid.

    2. After receiving an application, legal aid institutions shall conduct a review.

    3. If the materials are complete and meet the statutory requirements, it shall be accepted.

    4. Legal aid institutions shall complete the review and make a decision on whether to provide legal aid within 5 working days of accepting the legal aid application.

    Legal basis. Article 17 of the Legal Aid Regulations: 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 make an unfavorable judgment when submitting 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 are to make a written record.

  6. Anonymous users2024-02-02

    The procedures for applying for legal aid are as follows: (1) Application. Applicants can apply for assistance directly at the Municipal Legal Aid Center or the legal aid institutions of each district or county in the city, please refer to the organization for the detailed address and **, or apply for assistance by filling out the legal aid application form online.

    2) Submission of materials. Applicants applying for legal aid shall submit the following materials at the same time: 1. The application form for legal aid, and indicate the following matters:

    1) The basic information of the applicant; (2) the facts and grounds for applying for legal aid; (3) the applicant's financial status; (4) A list of proofs and evidence materials provided by the applicant; (5) A statement by the applicant that the proof and evidentiary materials submitted are true. Applicants who have difficulty in writing can apply orally, and the reception staff will record it in the record according to the above requirements, and the applicant will sign or leave a fingerprint for confirmation. 2. Resident ID card, household registration certificate or other valid identity certificate; 3. Proof of the economic status of the applicant and his family members issued by the township**, sub-district office or the labor and personnel department of the applicant's domicile or household registration; 4. Certificates and evidentiary materials related to the legal aid applied for; 5. Other materials that the legal aid institution deems necessary to provide.

    3) Legal aid institutions review and make a decision on whether or not to grant legal aid. The legal aid institution is to conduct a review within 10 working days of receiving all the materials for the application for assistance, and make a decision on whether or not to grant legal aid: 1. For those who meet the requirements, make a written decision to agree to provide legal aid, appoint a legal service organization to undertake legal aid matters, and notify the aid recipient.

    The legal aid institution and the aid recipient shall sign a legal aid agreement; 2. For those who do not meet the requirements, make a decision not to grant legal aid, and notify the applicant in writing. (4) Where a decision is made not to give legal aid, an objection may be raised. Where the applicant has objections to a correspondence made by a legal aid institution that does not meet the requirements for legal aid, it may be submitted to the judicial administrative department that designated the legal aid institution, and the judicial administrative department shall conduct a review within 5 working days of receiving the objection.

    Article 8 of the Civil Code Civil entities engaged in civil activities shall not violate the mandatory provisions of laws and administrative regulations. It must not violate public order and good customs.

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