Guangzhou Legal Assistance Measures For The Implementation Of

Original Language Title: 广州市法律援助实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Guangzhou legal assistance measures for the implementation of

    (July 27, 2009, people's Government of Guangzhou City, at the 13th session of the 87 Executive meeting on August 29, 2009, Guangzhou City people's Government promulgated as of October 1, 2009, 22nd), legal aid, first for the promotion and regulation of this work, according to the legal aid regulations of the State Council and the Guangdong Province, the legal aid Ordinance and other relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Article these measures applicable to legal aid work in the administrative area of the city.

    Article city and district and County municipal legal aid should be incorporated into the national economic and social development plan, to include legal aid funding levels for fiscal year budget to ensure coordination with the economic and social development of legal aid.

    Fourth city and district/municipal judicial administrative departments at the county level administrative areas of supervision and management of the legal aid work.

    Municipal, district and County legal aid agencies in the administrative area to receive and review applications for legal aid, assigned or arrange for the provision of legal assistance, supervision and inspection of legal aid matters, such as the processing of legal aid work, guiding the judicial legal assistance work carried out by street, town.

    The fifth article in accordance with the statutes of the Bar Association of the City Bar Association legal aid assistance.

    Legal aid agencies should support and guide trade unions, the Communist Youth League, women's Federation, the Federation of the disabled, such as organization and working Commission on ageing, legal assistance activities to safeguard the legitimate rights and interests of particular groups.

    Sixth legal aid includes legal assistance agencies financial, Office and business of legal aid funding.

    Legal assistance services for matters including handling legal aid subsidies, training, translation, identification of recurrent special funds.

    Operational funds of legal aid by the legal aid agencies, earmarked funding legal aid business use should be supervised by the finance and auditing Department.

    Article seventh Guangdong Province, legal aid subsidies in accordance with the subsidies and legal aid matters handled for the last year the number approved, the implementation of payments and settlements.

    Eighth annual November 9 for legal aid information days in this city.

    The municipal people's Government and the administration of justice sector, legal aid institutions in publicity on legal aid legal aid campaigns should be organized.

    Nineth law firm, grass-roots legal service shall bear the obligation of legal aid and legal services personnel, provision of legal services to safeguard the legitimate rights and interests of the recipient, without any justified reason, shall not refuse to undertake legal aid agency assigned legal aid matters.

    Tenth citizens to apply for legal assistance with the following conditions, legal aid can be obtained:

    (A) of the legal aid applied for hearing or dealing with matters in this city, or city officials in legal aid matters outside the city heard and processed;

    (B) in accordance with the economic hardship as provided herein standards or 12th personnel referred to these measures;

    (C) to safeguard their legitimate rights and interests in need of legal help.

    11th economic difficulties for citizens to apply for legal assistance from the municipal judicial administrative departments according to the city's economy and social development, resources for legal aid and demand as well as citizens ' ability to pay legal fees and other factors, not less than 1.5 times of the local standards of subsistence allowances for urban and rural residents identified and submitted to the municipal people's Government announced after the execution.

    12th citizens apply for agent, criminal defense of Guangdong Province, legal aid shall, in accordance with the provisions of article 22nd of the legal aid Ordinance provides certificates, certification materials.

    Following persons to apply for legal assistance without economic difficult to prove that:

    (A) social assistance by the Civil Affairs Department of personnel;

    (B) the matters for which legal aid has been granted legal aid staff;

    (Iii) for payment of remuneration or industrial treatment of migrant workers;

    (D) compulsory military service;

    (E) the result of heroic acts needed to safeguard their legitimate rights and interests of the staff;

    (F) in accordance with the relevant provisions of other personnel having to produce proof of financial difficulties.

    13th basic people's court designated defense of criminal legal aid cases tried by the Court or, where the case to the district and county-level cities legal aid agencies to accept; in addition to grass-roots people's courts other than the court appointed defense of criminal legal aid cases in this city by the municipal legal aid agencies to accept.

    Parties apply for legal aid in criminal cases, according to the stage of the proceedings by the case to investigation, prosecution or judicial local legal aid institutions at the same level to accept.

    14th other cases except criminal cases legal aid applications, by the Court to have jurisdiction in the case of similar legal aid agencies or the domicile of legal aid agencies to accept.

    District, county-level cities work, legal aid personnel arbitration cases filed by district and county-level cities legal aid agencies to accept; applications for legal aid in other arbitration cases, accepted by the municipal legal aid institutions.

    Other non-litigation legal services legal aid applications, the applicant has his domicile or workplace where legal aid agencies to accept legal aid applications received for the first time.

    Article 15th people's Court after the defence legal aid matters other than that originally specified, parties should follow legal procedures continue to apply for legal aid, has concluded that the legal aid agencies continue to accept.

    16th Street, town justice should receive legal aid application materials and to conduct a preliminary review within 2 workdays related material and comments submitted to the district and county-level cities legal aid agencies.

    17th legal aid institutions should receive equivalent level trade unions, the Communist Youth League, women's Federation, the Federation of persons with disabilities and other organizations and transmit to the Commission on ageing workers, minors, women, the disabled, the elderly and other materials for legal aid. Lawyers think they satisfy the conditions of article 18th, will lead to the relevant legal aid application for legal aid.

    Law firms can accept the parties ' legal aid applications, and within 2 working days to transmit the material have the right to receive legal aid agency.

    Lawyer or law firm shall not collect fees from the parties for the above acts. 19th article legal assistance institutions should in received according to this approach 16th article, and 18th article provides submitted and referred to the of legal assistance application material Hou 3 a days within, in received according to this approach 17th article provides referred to the of legal assistance application material Hou 5 a days within, will whether provides legal assistance of decided written notification applicants, and while notification referred to the the application material of unions, and Communist Youth League, and women Federation, and disabled Federation, organization and ageing work Committee, and lawyer firm and street, and

    Town justice.

    20th article applicants law on legal assistance institutions not assistance of decided proposed objections of, determine the legal assistance institutions of judicial administrative sector should in 5 a days within for review, think applicants meet legal assistance conditions of, should to written form ordered legal assistance institutions timely on the applicants provides legal assistance, while notification applicants; think applicants not meet legal assistance conditions of, should maintained legal assistance institutions not assistance of decided, and will maintained of decided and reason written told applicants.

    21st when making a decision to provide legal assistance to legal aid agencies, shall, in accordance with the applicant's request and apply for legal aid and the need to identify ways of providing legal aid in accordance with law, and inform the applicant.

    22nd legal aid institutions at a law firm and grass-roots legal service in the assignment of legal assistance shall be in rotation.

    City lawyers association can ask legal aid organizations provide business expertise and volunteer to take legal aid law firm and a list of lawyers.

    Legal aid matters departments have special requirements or qualifications of staff expertise, legal aid under the legal aid matters the needs or wishes of the recipient, prescribed in the preceding paragraph lawyer firms and lawyers selected in the list of assigned employees.

    The 23rd law firm and grass-roots legal services after receiving notice of legal aid agency to assign legal assistance matters, shall, within 1 business day, according to legal aid and the need to determine legal services personnel responsible for undertaking, and who will host and contact inform legal aid agency.

    Law firms and grassroots legal service employees who apply for legal aid should be provided the necessary working conditions and its guidance and supervision according to law.

    24th do not satisfy the conditions of access to legal aid, relevant units and individuals may appeal to the legal aid institutions; legal aid agency verified the case, termination of legal aid decisions should be made, and to inform the beneficiaries.

    25th legal aid agencies should be in accordance with the regulations on legal aid matters assigned to the processing of inspection and evaluation, and to employees who pay subsidized legal aid matters.

    26th found grass-roots legal services law firms and legal aid agencies and have staff working in legal aid violations should be stopped and ordered to correct serious or refuses to, shall be filed with the judicial administrative department or City Bar Association and present recommendations.

    Judicial Administration Department or City Bar Association upon receipt of the treatment recommendations of the legal aid agencies, should be investigated and processed according to law.

    27th judicial administration, legal aid agencies and their staff carry out legal assistance functions are in violation of, by the higher authorities, monitoring departments in accordance with the relevant laws, regulations, rules to deal with. 28th article of the rules take effect on October 1, 2009.