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Guangzhou Legal Assistance Measures For The Implementation Of

Original Language Title: 广州市法律援助实施办法

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Execution of legal aid in the city of Chiang State

(Adopted by the 1387th Standing Committee of the People's Government of the Grand State of 27 July 2009, No. 22 of 29 August 2009, Publication of People's Government Order No. 22 of 29 August 2009, effective 1 October 2009)

Article 1 promotes and regulates legal aid in the city, which is based on the State's Legal Aid Regulations, the Law on Legal Aid in the Province of Hiroshima and the relevant provisions of other laws, regulations and regulations.

The second approach applies to legal assistance in the present municipal administration.

Article 3. Governments of the urban and district, district and district levels should incorporate legal aid into national economic and social development planning, include legal aid provisions in the budget of the current fiscal year and guarantee the development of legal aid and economic coordination.

Article IV governs legal assistance in the administration of the present administrative region by the administration of justice at the municipal and district levels.

Legal aid institutions at the municipal and district levels are responsible for receiving and reviewing requests for legal assistance in this administrative region, assigning or organizing persons to provide legal assistance, overseeing and inspecting the day-to-day legal aid work, such as legal aid matters, and guiding legal assistance at the streets, town justice.

Article 5

Legal aid institutions should support and guide the legal assistance activities of trade unions, communitarian youth missions, women's federations, persons with disabilities associations and older working committees to defend the legitimate rights and interests of specific groups.

The provision of legal aid includes funding for legal aid institutions, office funds and legal aid operations.

Legal aid operations include regular earmarked funding for legal aid matters, training, translation and identification.

Legal aid operations are governed by legal aid institutions, with dedicated funds, the use of legal aid operations should be subject to oversight in the financial and audit sectors.

Article 7.

Article 8. Legal aid promotion Day in the city on 9 November each year.

The Government of the people at this city and the executive branch of the judiciary, legal aid institutions should organize legal assistance campaigns at the legal aid promotion day.

Article 9 Counsellors, grass-roots legal services and legal service providers should be legally responsible for legal aid obligations and provide legal services for the defence of the legitimate rights and interests of the recipient, without justification for denying the legal assistance assigned by legal aid institutions.

Article 10 citizens apply for legal assistance and have the following conditions for legal assistance:

(i) The legal assistance requested is dealt with or processed in the present city, or legal assistance matters for persons of origin in the city are dealt with and processed outside the city;

(ii) Persons who meet the economic hardship standards set out in this approach or which fall under article 12 of this scheme;

(iii) Legal assistance is required to preserve their legitimate rights and interests.

Article 11. The economic hardship criteria for citizens' application for legal assistance are determined by the municipal administration, in accordance with the state of economic and social development in the city, the resources and needs of legal aid and the ability of citizens to pay the costs of legal services, by 1.5 times less than the minimum standard of living for local urban and rural residents, and by the approval of the Government of the city.

Article 12 Legal aid for citizens applying for representation and criminal defence should provide documentation and proof of material in accordance with article 22 of the Law on Legal Assistance in the Province of Broad Orientale.

The following persons apply for legal assistance without having to submit economic hardship proof:

(i) Persons subject to social remedies by the civil service;

(ii) Persons who have received judicial assistance for legal aid matters;

(iii) Farmers who apply for payment of labour or for work injury treatment;

(iv) Obligations;

(v) Persons who, for the purpose of implementation, need to defend their legitimate rights;

(vi) In accordance with the relevant provisions, other persons who are not required to submit proof of economic hardship.

Article 13 Criminal legal assistance cases designated by the grass-roots people's courts are admissible by the seat of the People's Court or by the district, district-level legal aid agency for the trial of the case; criminal legal aid cases, which are appointed by the People's Court other than the grass-roots people's courts in this city, are before the municipal legal aid institutions.

The parties in criminal proceedings have submitted legal assistance requests under the law, which are received by the same legal aid body at the time of the investigation, prosecution or trial.

Article 14 requests for legal assistance in cases other than criminal proceedings are accepted by the same legal aid body of the People's Court with jurisdiction over the case or by legal aid institutions in the place of the applicant's residence.

The application for legal assistance in district, district-level labour and personnel arbitration cases is admissible by law institutions at district, district and district levels; legal assistance requests in other arbitration cases are received by municipal legal aid agencies.

Other non-judicial legal assistance requests are accepted by legal aid institutions that have received legal assistance requests from the applicant's place of residence or at the location of the work unit.

After the conclusion of legal aid matters other than the designation of a defence by the People's Court, the parties continue to apply for legal assistance for the follow-up procedure of the matter, which is continued to be admissible by legal aid institutions that have completed the matter.

Article 16 Street, Townal justice should receive legal aid requests and conduct preliminary reviews, and send relevant material and review opinions to the district, district-level legal aid institutions within two working days.

Article 17 Legal aid institutions should receive materials from peer trade unions, communic youth missions, women's federations, organizations and older working committees, such as the Disabled Persons' Federation, for legal assistance, for example, workers, minors, women, persons with disabilities, and the elderly.

The lawyer considers that the parties are in accordance with the conditions of legal assistance and can guide them to apply for legal assistance by the relevant legal aid institutions. A lawyer may receive legal assistance requests from the parties and transmit the relevant material within two working days to the receiving legal aid institution.

A lawyer and a lawyer may not be charged to the parties for the above-mentioned acts.

Article 19 Legal aid institutions shall notify the applicant in writing of the decision to provide legal assistance, within five working days of receipt of legal aid requests transmitted under article 16 of this scheme, article 18, for transmission and transfer of legal aid requests, and inform the trade unions, communications, women's associations, associations of persons with disabilities, as well as streets, town justice.

In article 20, the applicant challenged the decision of the legal aid agency not to provide assistance in accordance with the law and determined that the judicial administration of the legal aid institution should be reviewed within five working days, stating that the applicant was in compliance with the legal aid conditions, and that legal aid institutions should be given prompt legal assistance to the applicant, while informing the applicant that the applicant was not in accordance with the conditions of legal assistance, the decision of the legal aid institution should be maintained and the decision of the legal aid institution should be communicated to the applicant in writing.

Article 21, when legal aid institutions make decisions to provide legal assistance, the manner in which legal assistance is provided, upon request of the applicant and the need for legal assistance, should be determined by law and communicated to the applicant.

Legal aid agencies should assign legal aid to legal aid services in lawyers services and at the grass-roots level.

The City Bar Association may provide a list of lawyers and lawyers with operational expertise and voluntary legal assistance matters.

Legal aid matters have special requirements for the expertise or qualifications of the host person, and legal aid agencies may choose to assign a slotteer in accordance with the needs of legal aid matters or the will of the recipient.

A notice received from the Legal Aid Service and the grass-roots legal services to assign legal aid matters shall be established within one working day, in accordance with the needs of legal aid matters, for the benefit of legal aid services, and shall be communicated to legal aid institutions on the list and contact of the host.

The lawyers' services and the grass-roots legal service should provide the necessary working conditions for the conduct of legal aid by the contractors and guide and monitor them in accordance with the law.

Article 24 provides legal assistance in cases where legal aid is not in accordance with the conditions of legal aid, the relevant units and individuals may make observations to the legal aid institutions; the legal aid institutions are verified and should make decisions to put an end to legal aid and inform the recipients.

Article 25 Legal aid institutions shall conduct inspections and assessments of legal aid matters to which they are assigned, as prescribed, and shall pay legal assistance payments to the contractors.

Article 26 Legal aid agencies have found that lawyers' services and persons at the grass-roots level are in violation of their legal assistance and should be stopped and punished in a timely manner; in serious or non-removable circumstances, recommendations should be reflected and addressed to the administration of justice or to the Municipal Bar Association.

The executive branch of the judiciary or the municipality Bar Association shall investigate and deal in accordance with the law upon the recommendation of the legal aid agency.

Article 27 of the Judiciary, legal aid institutions and their staff members carry out legal aid duties, which are dealt with by superior authorities, the inspectorate in accordance with the relevant laws, regulations and regulations.

The twenty-eighth approach was implemented effective 1 October 2009.