Is it useful to go to the legal aid center
Publish: 2021-04-09 16:30:01
1. You can call 12348 for consultation on your problems or matters that need help. If you meet the requirements of legal aid, you will be informed of the corresponding matters of applying for legal aid. You can't get help if you ask questions in such an unordered way.
2. 1 Protecting human rights: helping vulnerable groups to realize their basic rights
legal aid is a typical "human rights project", and its essence is also a "livelihood project". It can help people in need to use legal weapons to safeguard their legitimate rights and interests in a timely and effective manner, and solve problems related to citizens' vital interests such as schooling, employment, medical treatment, residence and pension according to law, So as to ensure that all citizens enjoy the basic rights endowed by the Constitution and the law to the maximum extent
(2) promoting equality: reallocation of legal resources
the legal aid system is to reallocate public legal resources by the state in view of the unbalanced distribution of legal resources. By providing the social vulnerable groups with free or reced legal services, the state tries to overcome their disadvantages in various legal activities, equally enjoy the rights conferred by various laws, and fight against various violations with a strong sense, so as to effectively safeguard their legitimate rights and interests< (3) to achieve justice: to promote the fair implementation of judicial activities
by providing legal aid to vulnerable groups, the state starts judicial proceres in a timely manner, judges fairly and justly in strict accordance with the law, regulates all kinds of relations in strict accordance with the law, makes offenders bear corresponding responsibilities, and makes victims get corresponding compensation, so as to promote the "end settlement" of contradictions and disputes, Safeguard social justice and the authority of law< (4) pay attention to efficiency: low cost promotes the harmonious development of society
although legal aid activities can not proce direct economic benefits, its social benefits are unlimited. The efficiency of legal aid activities involves material and spiritual factors, that is, not only to ensure the economy of legal aid input, but also to meet the social ethics of legal aid output. The efficiency of legal aid is to find the most ideal way through the economic rationality in the process of legal aid activities, and further realize people's desire for justice, freedom and equality with the least financial, human and material resources.
legal aid is a typical "human rights project", and its essence is also a "livelihood project". It can help people in need to use legal weapons to safeguard their legitimate rights and interests in a timely and effective manner, and solve problems related to citizens' vital interests such as schooling, employment, medical treatment, residence and pension according to law, So as to ensure that all citizens enjoy the basic rights endowed by the Constitution and the law to the maximum extent
(2) promoting equality: reallocation of legal resources
the legal aid system is to reallocate public legal resources by the state in view of the unbalanced distribution of legal resources. By providing the social vulnerable groups with free or reced legal services, the state tries to overcome their disadvantages in various legal activities, equally enjoy the rights conferred by various laws, and fight against various violations with a strong sense, so as to effectively safeguard their legitimate rights and interests< (3) to achieve justice: to promote the fair implementation of judicial activities
by providing legal aid to vulnerable groups, the state starts judicial proceres in a timely manner, judges fairly and justly in strict accordance with the law, regulates all kinds of relations in strict accordance with the law, makes offenders bear corresponding responsibilities, and makes victims get corresponding compensation, so as to promote the "end settlement" of contradictions and disputes, Safeguard social justice and the authority of law< (4) pay attention to efficiency: low cost promotes the harmonious development of society
although legal aid activities can not proce direct economic benefits, its social benefits are unlimited. The efficiency of legal aid activities involves material and spiritual factors, that is, not only to ensure the economy of legal aid input, but also to meet the social ethics of legal aid output. The efficiency of legal aid is to find the most ideal way through the economic rationality in the process of legal aid activities, and further realize people's desire for justice, freedom and equality with the least financial, human and material resources.
3. Conditions for applying for legal aid:
legal aid refers to a legal guarantee system that legal aid lawyers organized by legal aid institutions established by the government provide free legal services for people with financial difficulties or special cases. The conditions for legal aid can be divided into general conditions and special conditions< General conditions are generally applicable to Chinese citizens. They refer to Chinese citizens who are really unable to pay for legal services e to financial difficulties and have sufficient reasons to prove that they need help in order to protect their legitimate rights and interests and can apply for legal aid
(two) special conditions
special conditions mainly refer to the special circumstances that a party should be entitled to when obtaining legal aid in criminal cases. There are mainly several kinds of
(1) blind, deaf, mb and minors as criminal defendants or suspect, and those accused may be sentenced to death, but no entrusting counsel should receive legal aid;
(2) other disabled persons and the elderly, who are criminal defendants or suspects and are unable to hire defense lawyers e to financial difficulties, can obtain legal aid< (3) if a defendant of Chinese or foreign nationality in a criminal case does not entrust a defender and the court designates a lawyer to defend, he or she can obtain legal aid.
legal aid refers to a legal guarantee system that legal aid lawyers organized by legal aid institutions established by the government provide free legal services for people with financial difficulties or special cases. The conditions for legal aid can be divided into general conditions and special conditions< General conditions are generally applicable to Chinese citizens. They refer to Chinese citizens who are really unable to pay for legal services e to financial difficulties and have sufficient reasons to prove that they need help in order to protect their legitimate rights and interests and can apply for legal aid
(two) special conditions
special conditions mainly refer to the special circumstances that a party should be entitled to when obtaining legal aid in criminal cases. There are mainly several kinds of
(1) blind, deaf, mb and minors as criminal defendants or suspect, and those accused may be sentenced to death, but no entrusting counsel should receive legal aid;
(2) other disabled persons and the elderly, who are criminal defendants or suspects and are unable to hire defense lawyers e to financial difficulties, can obtain legal aid< (3) if a defendant of Chinese or foreign nationality in a criminal case does not entrust a defender and the court designates a lawyer to defend, he or she can obtain legal aid.
4. The legal aid center is a legal aid institution established by the state, which is generally subordinate to the Judicial Bureau
legal aid refers to the legal service institutions and legal aid personnel organized by the legal aid institutions set up by the people's governments at or above the county level in the judicial administrative departments to provide free legal services for the parties in financial difficulties or special cases
the legal aid system has been paid more and more attention by various countries. It is not only the symbol of the progress of modern social civilization and the embodiment of the perfection of the judicial system, but also an important guarantee for the protection of human rights and the embodiment of "equality before the law". Especially in a country where the legal aid cause started late, further improving the legal aid system plays an extremely important role in promoting social justice and legal justice and creating a harmonious society
the national legal aid service hotline "12348"
legal aid can be applied for the following items:
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claims for compensation for medical accidents, traffic accidents and instrial accidents< (7) claiming civil rights and interests arising from acts of bravery for a just cause< (8) other matters requiring legal aid
the parties to a criminal case who have the following circumstances may apply for legal aid:
(1) the suspect has not hired a lawyer because of financial difficulties since the first interrogation of the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court
If a party to a criminal case is appointed to defend by the people's court under the following circumstances, the legal aid institution shall provide legal aid for him:
(1) the public prosecutor appears in court for public prosecution, and the defendant does not entrust a defender e to financial difficulties or other reasons
(2) the defendant is blind, deaf, mute or a minor and has not entrusted a defender< (3) the defendant may be sentenced to death and has not entrusted a defender
(4) other circumstances in which the people's court designates a defense as required
legal aid refers to the legal service institutions and legal aid personnel organized by the legal aid institutions set up by the people's governments at or above the county level in the judicial administrative departments to provide free legal services for the parties in financial difficulties or special cases
the legal aid system has been paid more and more attention by various countries. It is not only the symbol of the progress of modern social civilization and the embodiment of the perfection of the judicial system, but also an important guarantee for the protection of human rights and the embodiment of "equality before the law". Especially in a country where the legal aid cause started late, further improving the legal aid system plays an extremely important role in promoting social justice and legal justice and creating a harmonious society
the national legal aid service hotline "12348"
legal aid can be applied for the following items:
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claims for compensation for medical accidents, traffic accidents and instrial accidents< (7) claiming civil rights and interests arising from acts of bravery for a just cause< (8) other matters requiring legal aid
the parties to a criminal case who have the following circumstances may apply for legal aid:
(1) the suspect has not hired a lawyer because of financial difficulties since the first interrogation of the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court
If a party to a criminal case is appointed to defend by the people's court under the following circumstances, the legal aid institution shall provide legal aid for him:
(1) the public prosecutor appears in court for public prosecution, and the defendant does not entrust a defender e to financial difficulties or other reasons
(2) the defendant is blind, deaf, mute or a minor and has not entrusted a defender< (3) the defendant may be sentenced to death and has not entrusted a defender
(4) other circumstances in which the people's court designates a defense as required
5. The scope of legal aid is free of charge.
according to the provisions of Articles 10 and 11 of the regulations of the people's Republic of China on legal aid, citizens who have the following matters and have no entrusted agent or defender can apply for legal aid or have their defense designated by the people's Court:
1 Claiming state compensation according to law
2. Request for social insurance benefits or minimum living security benefits
3
4. Claim for alimony, alimony or alimony
5
6. Advocating the civil rights and interests arising from the act of being brave for a just cause
7. Personal injury compensation cases caused by medical accidents, traffic accidents and instrial accidents
8. Due to domestic violence, maltreatment, bigamy, etc., the victims ask for divorce and personal damage compensation
9, the suspect did not engage in a lawyer because of financial difficulties after the first inquiry by the investigating organ or the compulsory measures.
10. The victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution
11. A private prosecutor and his legal representative in a private prosecution case have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court
12. In the case where the public prosecutor appears in court for public prosecution, the defendant does not entrust a defender e to financial difficulties or other reasons, and the people's court designates a defender for the defendant, the legal aid agency shall provide legal aid
13. If the defendant is blind, deaf, mute or a minor and does not entrust a defender, or if the defendant may be sentenced to death and does not entrust a defender, when the people's court designates a defense for the defendant, the legal aid institution shall provide legal aid without examining the economic status of the defendant<
legal aid work process:
I. reception and consultation
the staff of legal aid institutions should warmly receive the visiting people, carefully answer the legal matters consulted, fill in the registration form of legal aid visit (e-mail) consultation, and register the results of reception or consultation< After receiving the application, the legal aid institution should carefully review the supporting materials submitted by the applicant to determine whether it is qualified to apply for legal aid, and guide the qualified applicants to fill in the legal aid application form
2. Legal aid institutions should review the types of cases to determine whether they belong to the scope of legal aid cases. The assistance shall be started after the people's court or the arbitration institution has accepted the case
3. Legal aid institutions should make a decision on whether or not to provide assistance within five working days after receiving the application. If the applicant has any objection to the decision made by the legal aid institution not to provide assistance, he may submit it to the judicial administrative department that determines the legal aid institution
4. For cases that meet the conditions of legal aid, the approval should be given by the principal person in charge of the legal aid institution, and the decision to grant legal aid should be signed; If it considers that the case applied for is not within the scope of legal aid, but considering its actual situation, it can be assisted, it shall be reported to the person in charge of the aid institution and the leader of the competent judicial administrative organ for approval
5. After the legal aid institution decides to provide assistance, it shall issue the corresponding legal aid document for the applicant, and the applicant shall transfer it to the law firm, legal service office or legal aid staff. And establish working contact with lawyers and clients, so as to know the handling of legal aid cases at any time. The main documents that should be issued are as follows:
(1) decision on giving aid
(2) power of attorney
(3) legal aid agreement
(4) Notice of assignment
(5) criminal (Civil) and legal aid official letter
6. For cases designated by the people's court for defense, the legal aid institution in the place of trial shall appoint or arrange lawyers to appear in court for defense, And reply to the people's court making the designated defense the list of undertakers determined three days before the hearing
7. Those who violate the conditions or refuse to perform the obligation of assistance shall be punished according to Articles 26, 27, 28 and 29 of the regulations on legal aid< Third, case supervision
legal aid institutions should take the following forms to supervise the legal aid cases assigned or handled by themselves
1. Litigation supervision. Legal aid institutions should supervise the legal aid cases being handled, and understand the handling of cases by establishing working contacts with lawyers and parties; Timely handle the problems encountered in the process of handling the case
2. Post supervision. A legal aid institution shall sort out and file the case files within one month after the legal aid case assigned or handled by itself is closed. We should evaluate the handling of legal aid cases through marking papers and soliciting the opinions of lawyers and parties, and summarize the handling situation in time, so as to serve as the basis for rewards and punishments in the future. You can call 1734o154670, Tairen law firm,
according to the provisions of Articles 10 and 11 of the regulations of the people's Republic of China on legal aid, citizens who have the following matters and have no entrusted agent or defender can apply for legal aid or have their defense designated by the people's Court:
1 Claiming state compensation according to law
2. Request for social insurance benefits or minimum living security benefits
3
4. Claim for alimony, alimony or alimony
5
6. Advocating the civil rights and interests arising from the act of being brave for a just cause
7. Personal injury compensation cases caused by medical accidents, traffic accidents and instrial accidents
8. Due to domestic violence, maltreatment, bigamy, etc., the victims ask for divorce and personal damage compensation
9, the suspect did not engage in a lawyer because of financial difficulties after the first inquiry by the investigating organ or the compulsory measures.
10. The victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution
11. A private prosecutor and his legal representative in a private prosecution case have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court
12. In the case where the public prosecutor appears in court for public prosecution, the defendant does not entrust a defender e to financial difficulties or other reasons, and the people's court designates a defender for the defendant, the legal aid agency shall provide legal aid
13. If the defendant is blind, deaf, mute or a minor and does not entrust a defender, or if the defendant may be sentenced to death and does not entrust a defender, when the people's court designates a defense for the defendant, the legal aid institution shall provide legal aid without examining the economic status of the defendant<
legal aid work process:
I. reception and consultation
the staff of legal aid institutions should warmly receive the visiting people, carefully answer the legal matters consulted, fill in the registration form of legal aid visit (e-mail) consultation, and register the results of reception or consultation< After receiving the application, the legal aid institution should carefully review the supporting materials submitted by the applicant to determine whether it is qualified to apply for legal aid, and guide the qualified applicants to fill in the legal aid application form
2. Legal aid institutions should review the types of cases to determine whether they belong to the scope of legal aid cases. The assistance shall be started after the people's court or the arbitration institution has accepted the case
3. Legal aid institutions should make a decision on whether or not to provide assistance within five working days after receiving the application. If the applicant has any objection to the decision made by the legal aid institution not to provide assistance, he may submit it to the judicial administrative department that determines the legal aid institution
4. For cases that meet the conditions of legal aid, the approval should be given by the principal person in charge of the legal aid institution, and the decision to grant legal aid should be signed; If it considers that the case applied for is not within the scope of legal aid, but considering its actual situation, it can be assisted, it shall be reported to the person in charge of the aid institution and the leader of the competent judicial administrative organ for approval
5. After the legal aid institution decides to provide assistance, it shall issue the corresponding legal aid document for the applicant, and the applicant shall transfer it to the law firm, legal service office or legal aid staff. And establish working contact with lawyers and clients, so as to know the handling of legal aid cases at any time. The main documents that should be issued are as follows:
(1) decision on giving aid
(2) power of attorney
(3) legal aid agreement
(4) Notice of assignment
(5) criminal (Civil) and legal aid official letter
6. For cases designated by the people's court for defense, the legal aid institution in the place of trial shall appoint or arrange lawyers to appear in court for defense, And reply to the people's court making the designated defense the list of undertakers determined three days before the hearing
7. Those who violate the conditions or refuse to perform the obligation of assistance shall be punished according to Articles 26, 27, 28 and 29 of the regulations on legal aid< Third, case supervision
legal aid institutions should take the following forms to supervise the legal aid cases assigned or handled by themselves
1. Litigation supervision. Legal aid institutions should supervise the legal aid cases being handled, and understand the handling of cases by establishing working contacts with lawyers and parties; Timely handle the problems encountered in the process of handling the case
2. Post supervision. A legal aid institution shall sort out and file the case files within one month after the legal aid case assigned or handled by itself is closed. We should evaluate the handling of legal aid cases through marking papers and soliciting the opinions of lawyers and parties, and summarize the handling situation in time, so as to serve as the basis for rewards and punishments in the future. You can call 1734o154670, Tairen law firm,
6. According to Article 10 of the regulations on legal aid, citizens who have not entrusted an agent for the following matters e to financial difficulties can apply to legal aid institutions for legal aid:
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claiming the civil rights and interests arising from the act of being brave for a just cause.
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claiming the civil rights and interests arising from the act of being brave for a just cause.
7. The legal aid center is a legal aid institution established by the state, which is generally subordinate to the Judicial Bureau
legal aid refers to the legal service institutions and legal aid personnel organized by the legal aid institutions set up by the people's governments at or above the county level in the judicial administrative departments to provide free legal services for the parties in financial difficulties or special cases
the legal aid system has been paid more and more attention by various countries. It is not only the symbol of the progress of modern social civilization and the embodiment of the perfection of the judicial system, but also an important guarantee for the protection of human rights and the embodiment of "equality before the law". Especially in a country where the legal aid cause started late, further improving the legal aid system plays an extremely important role in promoting social justice and legal justice and creating a harmonious society
the national legal aid service hotline "12348"<
legal aid can be applied for the following items:
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claims for compensation for medical accidents, traffic accidents and instrial accidents< (7) claiming civil rights and interests arising from acts of bravery for a just cause< (8) other matters requiring legal aid
the party concerned in a criminal case may apply for legal aid:
(1) the suspect has not hired a lawyer because of financial difficulties since the first interrogation by the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court<
a legal aid institution shall provide legal aid to a party to a criminal case whose defense is designated by the people's court under the following circumstances:
(1) the public prosecutor appears in court for public prosecution, and the defendant does not entrust a defender e to financial difficulties or other reasons
(2) the defendant is blind, deaf, mute or a minor and has not entrusted a defender< (3) the defendant may be sentenced to death and has not entrusted a defender< (4) other circumstances in which the people's court designates the defense according to the provisions.
legal aid refers to the legal service institutions and legal aid personnel organized by the legal aid institutions set up by the people's governments at or above the county level in the judicial administrative departments to provide free legal services for the parties in financial difficulties or special cases
the legal aid system has been paid more and more attention by various countries. It is not only the symbol of the progress of modern social civilization and the embodiment of the perfection of the judicial system, but also an important guarantee for the protection of human rights and the embodiment of "equality before the law". Especially in a country where the legal aid cause started late, further improving the legal aid system plays an extremely important role in promoting social justice and legal justice and creating a harmonious society
the national legal aid service hotline "12348"<
legal aid can be applied for the following items:
(1) requesting state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claims for compensation for medical accidents, traffic accidents and instrial accidents< (7) claiming civil rights and interests arising from acts of bravery for a just cause< (8) other matters requiring legal aid
the party concerned in a criminal case may apply for legal aid:
(1) the suspect has not hired a lawyer because of financial difficulties since the first interrogation by the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court<
a legal aid institution shall provide legal aid to a party to a criminal case whose defense is designated by the people's court under the following circumstances:
(1) the public prosecutor appears in court for public prosecution, and the defendant does not entrust a defender e to financial difficulties or other reasons
(2) the defendant is blind, deaf, mute or a minor and has not entrusted a defender< (3) the defendant may be sentenced to death and has not entrusted a defender< (4) other circumstances in which the people's court designates the defense according to the provisions.
8. Legal aid is the responsibility of the state and the obligation of the state and government to citizens
9. The specific aid conditions are as follows:
citizens who do not entrust an agent for the following matters e to financial difficulties can apply for legal aid from legal aid institutions:
(1) those who request state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claiming the civil rights and interests arising from the act of being brave for a just cause
in criminal proceedings, citizens may apply for legal aid to legal aid institutions:
(1) the criminal suspect has not hired a lawyer because of financial difficulties since the first interrogation of the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court.
citizens who do not entrust an agent for the following matters e to financial difficulties can apply for legal aid from legal aid institutions:
(1) those who request state compensation according to law< (2) request for social insurance benefits or minimum living security benefits< (3) requesting for pension or relief fund< (4) claim for alimony, alimony or alimony< (5) request for payment of labor remuneration< (6) claiming the civil rights and interests arising from the act of being brave for a just cause
in criminal proceedings, citizens may apply for legal aid to legal aid institutions:
(1) the criminal suspect has not hired a lawyer because of financial difficulties since the first interrogation of the investigating organ or the date of compulsory measures. (2) the victims and their legal representatives or close relatives in the case of public prosecution have not entrusted agents ad litem e to financial difficulties since the date when the case is transferred for examination and prosecution< (3) the private prosecutor and his legal representative in a case of private prosecution have not entrusted an agent ad litem e to financial difficulties since the case was accepted by the people's court.
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