Rules Of Xinjiang Uyghur Autonomous Region, The Implementation Of The Legal Aid Ordinance

Original Language Title: 新疆维吾尔自治区实施《法律援助条例》办法

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(July 11, 2006 people's Government of Xinjiang Uygur Autonomous Region at the 29th Executive meeting on July 27, 2006, people's Government of Xinjiang Uygur Autonomous Region, the 139th announce as of September 1, 2006), first under the legal aid Ordinance, combined with State practice, these measures are formulated.
    Article II legal aid institutions in these measures refers to the people's Government above the county level administration of Justice Department of the specialized, legal aid.
    Legal aid staff in these measures, means or arrangements for undertaking legal aid legal aid agency assigned lawyers, legal aid agency staff, grassroots legal service workers and legal assistance volunteers.
    Article III judicial administration departments above the county level people's Government is responsible for the supervision and administration of the legal aid work in their respective administrative areas.
    Legal aid authority responsible for accepting, examining citizens ' applications for legal aid in accordance with law; assigned law firm lawyer or schedule the organizations handling legal aid cases, or according to the requirements of other community organizations, arranging their own personnel handling legal aid cases.
    Fourth legal aid is the responsibility of the Government, the people's Governments above the county level shall take measures to provide legal aid organization, annual budget and the inclusion of legal aid funds, guarantees legal aid coordination of economic, social and career development.
    Funding should be earmarked for legal aid shall not be withheld, misappropriated, and accept supervision by the financial and auditing departments.
    Fifth section undertakes legal aid legal aid workers, citizens, legal persons and other organizations shall provide assistance.
    Article citizens, legal persons and other organizations to contribute to the legal aid service, in accordance with the relevant provisions of the State tax.
    VII article citizens on following need agent of matters, for economic difficult no delegate agent of, can to legal assistance institutions application legal assistance: (a) Law requests national compensation of; (ii) requests to pension, and benefits of; (three) requests give social security treatment or minimum life guarantees treatment of; (four) requests payment maintenance, and raised fee, and dependency fee of; (five) requests paid labor paid of; (six) requests maintenance for heroic behavior produced of civil interests of;
    (Seven) requests enjoy injury treatment of; (eight) requests maintenance for pollution, and public health, and safety produced of civil interests of; (nine) requests maintenance for family violence led to family marriage disputes produced of civil interests of; (10) disabled, and elderly, and minor people requests personal damage compensation of; (11) and citizens basic survival conditions is closely related to and legal assistance institutions think does needed provides legal assistance of other matters.
    Article eighth citizen applying for legal aid in accordance with one of the following conditions, shall be recognized as economic difficulties: (a) recipients of the minimum living standard security, (ii) wubaohu, and the poor as a result of natural disasters or other causes hardship relief of life; (c) has his domicile or habitual residence, the subdistrict office and township (town) people's Government prove that their family life is really difficult.
    Street or township (town) the certificate issued by the people's Governments, and shall set forth the applicant's family, work, employment status, family property, months (years) source, life changes and per capita net income and neighborhood or village committees on details such as whether their economic difficulties.
    Nineth legal assistance mainly takes the following forms: (a) legal advice, on behalf of the proposed instruments, (ii) criminal defense and criminal agents (c) civil lawsuit agent, administrative agent; (d) the administrative review and arbitration; (v) handling notarial certification, forensic, and (vi) other forms of legal services.
    Article tenth of citizens to apply for legal aid shall submit the following materials: (a) identity card or any other valid identity proof, agents should also be submitted to the Agency by the applicant to prove, (ii) proof of financial difficulty and (iii) with respect to matters for which legal aid cases.
    11th article citizens on this approach seventh article subsection (a), and (ii), and (three), and (four), and (five), and (six) items by column matters application legal assistance of, according to legal assistance Ordinance 14th article of provides proposed application; on subsection (seven), and (eight), and (nine), and (10), and (11) items by column matters application legal assistance of, to about organ location of legal assistance institutions proposed application.
    12th citizens in criminal proceedings to apply for legal aid and Court as a defendant the defense, under the legal aid Ordinance regulations of the 11th and 12th.
    Legal aid in criminal proceedings in accordance with the circumstances prescribed in the regulations section 11th citizens to apply for legal aid, legal aid agencies, where the people's Court which has jurisdiction to apply.
    13th legal aid legal aid applications received within 3 working days from the date of examination to satisfy the conditions of, should decide on the provision of legal aid does not meet the conditions for legal aid, inadmissibility decisions with reasons should be made, inform the applicant in writing.
    Article 14th legal aid agencies are responsible for receiving and reviewing applications for legal aid staff in any of the following circumstances shall withdraw from that: (a) the legal aid applicant's close relatives, (ii) and applications are at stake.
    Receive and review applications for legal aid staff to avoid, by himself or the applicant, legal aid agencies decided withdrawal of the head of the legal aid, decided by the judicial administration of the legal aid organization is located.
    15th legal aid personnel should be in line with article avoid, reduce, costs associated with provision of the beneficiaries, avoid, reduce, costs associated with application to the relevant authorities. Article 16th after being given the assignment of legal aid personnel, shall not refuse without good reason, delay or terminate the processing undertaking legal aid cases.
    Providing legal aid shall not collect any belongings.
    17th in the process of implementation of the legal aid, recipients have the right to know the case to handle the situation; there is evidence that does not perform its duties of legal aid, the recipient may request legal aid agency to replace the legal aid staff. The recipient has an obligation to truthfully state legal assistance relating to the facts and circumstances of the case and to provide relevant evidence to assist legal aid workers investigating the facts of the case.
    Beneficiaries of the changing economic situation, shall timely inform the legal assistance or legal aid organizations.
    After 18th settles legal aid cases, legal aid personnel should be submitted to the legal aid legal instruments relating to the copy or copies, as well as the final report and other materials.
    Article 19th officers handling legal aid cases on legal aid subsidy payment, in accordance with the relevant provisions of the State.
    20th, legal assistance from legal aid personnel who violate these regulations, pursuant to the legal aid Ordinance and the relevant laws, regulations and rules of the process.
                                              21st article this way come into force on September 1, 2006.

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