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Guangdong, Economic Difficulties, Legal Aid Standards

Original Language Title: 广东省法律援助经济困难标准规定

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Economic hardship standards for legal aid in the Province of Broad Orientale

(Adopted at the 63th ordinary meeting of the Eleventh People's Government of the Great Britain and Northern Province, on 2 November 2010, No. 151 of the Order of the People's Government of the Province of Chiang Mai Orientale, dated 16 November 2010 (Act of 1 January 2011)

Article 1 regulates the economic hardship standards of legal aid, in order to guarantee access to and access to legal aid for citizens in difficult economic conditions, in accordance with the State Council's Legal Aid Regulations, the Law on Legal Aid in the Province of Hiroshima and the relevant laws, regulations and regulations.

Article 2

Article 3

(i) The applicant's family is a low-income household;

(ii) The applicant's individual and the family do not have the value of the assets provided for in article 7 above.

The low-income households referred to in the previous paragraph refer to low-income households classified by the statistics of the population at the district level.

The data on the per capita income and per capita income for rural residents of the town, published in the statistics of the population at the district level, are limited. The National Statistics Agency for the People's Government (communes, districts) does not conduct a survey of rural and urban households, which is implemented by the data published in the National Government Statistics Yearbook.

The following applicants are eligible for low-income households in accordance with Article 3 of this Article:

(i) Individuals and their family members may dispose of income for each of the 12 months prior to the application, and those living in low-income households who are located in the receiving legal aid institution may be subject to the income standard;

(ii) Residents of rural areas whose individuals and their family members are entitled to a per capita income of 12 months prior to the application, less than the per capita income of low-income rural residents at the location of the requested legal aid institution.

The family members referred to in the previous paragraph refer to the applicant's spouses and parents with statutory support, grandparents, grandparents and grandparents living with the applicant, who have a statutory dependency relationship, brothers, sisters, sisters, sisters and sisters, and children with legal support, foster children, follow-up children, children born out of wedlock.

The following articles should be taken into account for the disposable income or purely income of the applicant and his family members:

(i) Salary income such as wages, awards, allowances and subsidies;

(ii) Net operating income obtained after deductions of costs such as cultivation, breeding and individual operations;

(iii) Property income such as interest, dividend and dividend, rent and intellectual property;

(iv) Removal income such as pensions or retirement benefits, refunds, compensation other than personal injury, insurance, extracted housing benefits, expropriation compensation.

The following Article 6 shall not be taken into account for the disposable income or purely income of the applicant and his family members:

(i) Pensions, benefits, care expenses for the benefit of the beneficiaries as provided;

(ii) The Government awards, subsidies, etc. for special contributors;

(iii) Honours enjoyed after the retirement of the labour model;

(iv) Care fees for workers and injured persons;

(v) A one-time pension, funeral expenses for death (workers) and their families;

(vi) Accumulate housing and social security payments, as prescribed by the individual;

(vii) The Government and society grant poor schoolchildren assistance, living subsidies and scholarships for school students, and promotional loans;

(viii) Costs of compensation for personal injury;

(ix) Interim living allowance granted by the Government and society;

(x) The Government of the people at the district level does not include family income projects.

Article 7

(i) Villa, high-catch residence;

(ii) There are more than two sets of urban properties and the area of per capita residence that have been published by the Government;

(iii) Vehicles (other than operating transport instruments);

(iv) It is sufficient to purchase cash, savings deposits, value securities, high-position consumption, collections and other personal and family assets that are required at the minimum legal service price.

Article 8

The minimum price of legal services is based on the criteria published by the provincial Government's administration of justice and the provincial government price authorities.

Article 9 citizens who apply for legal assistance are in accordance with one of the following conditions and should be seen as economic difficulties:

(i) The treatment of five insured persons and special hardships;

(ii) To receive minimum living guarantees;

(iii) Their families are identified as “low-income hardship families”;

(iv) In the case of accidental events, natural disasters or other special causes, the temporary difficulties in their lives are being subject to temporary relief by the Government;

(v) Funded by the Government for feeding or by charitable institutions;

(vi) Be targeted by the Government;

(vii) Be identified by trade union organizations as special hardship workers or the establishment of special hardship workers' archives;

(viii) Be identified by WCW as a single mother's family;

(ix) The IOM is determined to be a family of persons with disabilities;

(x) Responsibilities with disabilities without a fixed source of living or multiple residues;

(xi) To apply to the People's Court for judicial assistance and approval for civil proceedings;

(xii) The date on which economic difficulties prove the request for and access to legal assistance, and once again requests for legal assistance within one year;

(xiii) In accordance with the relevant provisions of national and local governments, economic hardship should be considered.

The economic hardships referred to in the previous paragraph have shown that family members have shown that the family's economic situation has proved to include family income certificates and family assets.

Article 10 advocates the application of legal aid for civil rights disputes arising out of heroic conduct, free of economic hardship review.

Article 11 provides for legal assistance for citizens consistent with article 9 of the present article, and the applicant does not need to declare the situation of family members, household income and assets, but shall provide relevant documentation, proof material to legal aid institutions.

The applicant is not required to declare the situation of family members, household income and assets, in line with article 10 of this provision, but should submit the certified material considered by the public security authority as a heroic testimony.

Article 12 provides for legal assistance by citizens other than article 9, article 10, and shall complete the declaration of the family members of the legal aid applicant and the family's economic situation declaration, such as the real declaration of the income status of their family members, the applicant and his family members for 12 months prior to the application and the assets of the applicant and his family members, and shall be responsible for the authenticity of the material.

Disputes relating to the application, the parties to the case are family members who live together with the applicant, who must only declare their personal economic income and be responsible for the authenticity of their declared materials.

The legal aid applicant's declaration of family members and the statement of the family economic situation are developed by the provincial Government's judicial administration and published at all levels of the Government's administration of justice and the website of legal aid institutions at all levels.

Article 13 Family members who are declared by legal aid applicants, who can prove their family relations, shall provide household scripts; a household book cannot be certified by the applicant's place of origin or by the dispatch of the regular place of residence, the Commission or the Village Commission, and provide evidence.

Article 14.

Article 15. Individuals declared by legal aid applicants and their family members' assets shall be verified by the applicant's place of residence or the Village Commission, whose residence is often located, and have proven observations.

Article 16 does not verify and validate the opinion of the applicant's working unit for the application of legal assistance in connection with the work of the unit in question, and the applicant shall provide evidence of his or her related salary income.

Article 17. The applicant shall apply for legal assistance for the conduct of a dispute with a residence board or a village council of residence or residence, while the Commission or the Village Commission shall not verify and give evidence of the opinion, which shall be verified by the neighbourhood office of the Commission or the village committee's location or by the Government of the people of the town.

The applicant's failure to apply for legal assistance within three months from the date of proof by the Village Commission, the Commission or the relevant units shall be provided with economic hardship proof.

Legal aid institutions should review the economic hardship material submitted by the applicant and make the determination that the applicant meets the economic hardship standards of legal aid.

The submissions submitted by the applicant are incomplete, and legal aid agencies may request the applicant to supplement or make clarifications within the prescribed period. The applicant has not been supplemented or indicated as a request for withdrawal.

Article 20 contains no reason to justify the opinion, and legal aid institutions can investigate the status of the applicant's family members, the applicant's income status and the status of the household assets and determine whether the applicant meets the economic hardship standards of legal aid.

Article 21, the legal aid agency's economic difficulty in submitting the applicant's submissions, considers that the need for the identification verification should be conducted in a timely manner and that the relevant individuals, units and organizations should cooperate.

Article 2 challenged the applicant's application for legal assistance due to economic hardship, and the objector should raise the grounds and provide the floor. Legal aid institutions should investigate and, in accordance with the findings, make the applicant's determination of the criteria for legal aid economic hardship.

Article 23 of the legal aid agency, during the provision of legal aid, has changed the economic situation of the recipient, and the legal aid should be terminated through a review of verification that is no longer in compliance with legal aid economic hardship standards.

In one of the following cases, legal aid institutions should not be provided with legal assistance; legal aid institutions should end legal aid and recipients should pay for legal services:

(i) Unless the economic situation of their family members, individuals and their family members is truly declared;

(ii) The applicant's access to economic hardship material by deceiting;

(iii) The economic hardships that are forged and modified to justify the application of legal aid.

Article 25. Any unit or individual who violates this provision shall be entitled to report, complain to the judicial administration or to the competent authorities.

The executive branch of the judiciary or the relevant authorities shall decide on admissibility within 15 days of the date of receipt of the report, the complaint shall be communicated to the author.

The executive branch of the judiciary or the relevant authorities decide to be seized, should organize investigations and inform the reporting person or the complainant of the results, while making them public.

Article 26 provides for the progressive expansion of the scope of legal aid in municipalities, districts, which may set economic hardship standards applicable to the present administrative region and report back to the Government.

Article 27 of the present provision is implemented effective 1 January 2011.