Measures for Legal Aid in Yunnan Province Chapter I General Provisions Article 1 These Measures are formulated in accordance with relevant laws and regulations and in light of the actual situation of this province in order to standardize legal aid activities and protect the legitimate rights and interests of recipients. Article 2 The term "legal aid" as mentioned in these Measures refers to the legal aid institutions set up by people's governments at all levels to organize legal service institutions and legal aid personnel to provide legal services for the parties in financial difficulties or special cases with exemption, reduction or deferment of fees. The term "legal aid service institutions" as mentioned in these Measures refers to law firms, notary offices and legal service offices that provide legal aid upon the entrustment of the Firm. The term "legal aid personnel" as mentioned in these Measures refers to lawyers, notaries, grassroots legal workers and other legal aid personnel who provide legal aid in accordance with these Measures. The term "recipient" as mentioned in these Measures refers to the applicant who has obtained legal aid upon approval or the defendant who has obtained legal aid upon approval by the people's court. Article 3 The judicial administrative departments of the people's governments at all levels shall be in charge of legal aid work within their respective administrative areas. Legal aid institutions at all levels shall be responsible for organizing and implementing legal aid work within their respective administrative areas under the guidance of the judicial administrative department of the people's government at the same level and the legal aid institutions at higher levels. Article 4 The legal aid work carried out by law firms, notary offices, legal service offices and other units shall be organized, guided and supervised by local legal aid institutions. Article 5 Lawyers, notaries and grassroots legal workers shall perform their legal aid obligations and accept the supervision of legal aid institutions. Encourage other legal aid personnel to voluntarily fulfill their legal aid obligations. Article 6 Legal aid workers must be based on facts, take the law as the criterion, safeguard the legitimate rights and interests of the recipients, and abide by professional ethics and practice discipline. Administrative organs, relevant units and individuals shall support and cooperate with the work of legal aid institutions and legal aid personnel. Article 7 The judicial administrative department shall commend and encourage the relevant units and individuals who have made remarkable achievements in legal aid work. Article 8 The sources of funding for legal aid include (1) financial allocation at the same level; (2) Donations from citizens, legal persons or other organizations; (3) Legal funds raised by other means. The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments. Chapter II Object, Scope and Form Article 9 Citizens who meet the following conditions may apply for legal aid: (1) Having a permanent residence or temporary residence permit at the place of application; (two) there is evidence that legal help is needed to protect their legitimate rights and interests; (three) due to economic difficulties, unable or unable to pay legal service fees. The standard of economic hardship shall be implemented with reference to the minimum living standard stipulated by the people's government of the place where legal aid is implemented. Tenth nursing homes, orphanages and other public welfare social welfare organizations can apply for legal aid. Article 11 If the defendant appointed by the people's court meets one of the following conditions, the lawyer undertaking legal aid shall provide him with legal aid: (1) If the defendant fails to entrust a defender for a case in which the public prosecutor appears in court for public prosecution due to financial difficulties or other reasons; (2) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender; (3) The defendant may be sentenced to death without entrusting a defender. Article 12 The scope of legal aid includes: (1) Criminal cases that meet the provisions of Article 11 of these Measures; (2) Legal matters concerning the request for payment of alimony, alimony and alimony; (three) the legal matters of the claim for compensation for work-related injuries other than the liability accident; (four) the legal matters of the blind, deaf, dumb and other disabled people, minors and the elderly to pursue tort compensation; (five) the legal matters of requesting pensions, relief funds and minimum living allowances; (6) Cases requesting state compensation; (seven) other matters that really need legal aid. Thirteenth legal aid mainly takes the following forms: (1) legal consultation, drafting legal documents; (2) criminal defense and criminal agency; (3) Acting as an agent in civil and administrative litigation; (4) Non-litigation legal affairs agency; (5) notarized certificate; (6) Other forms of legal services. Chapter III Application and Acceptance Article 14 To apply for legal aid, an application shall be made to the legal aid institution at the domicile or the place where the incident occurred. Article 15 To apply for legal aid, an application form for legal aid shall be filled in and the following materials shall be submitted: (1) Resident identity card, household registration certificate or other valid identification certificate; (2) Proof of the economic status of the applicant and his family issued by the neighborhood office or township (town) people's government where the unit or household registration is located; (3) Documents and evidential materials related to the application for legal aid. Article 16 A citizen without or with limited capacity for civil conduct may apply for legal aid as an agent. The legal agent shall submit the qualification certificate of the agent and his basic information to the legal aid institution. Seventeenth legal aid institutions, after examination, think that the materials provided by the applicant are incomplete, they can notify the applicant to supplement, or they can investigate the relevant units and individuals. The relevant units and individuals shall cooperate. Article 18 A legal aid institution shall, within 7 days from the date of receiving the application form and relevant materials, make a decision on whether to accept or provide legal aid in accordance with the following provisions: (1) To meet the requirements, decide to accept and provide legal aid, designate a legal aid service institution, and inform the recipient in writing; (two) do not meet the conditions, decided not to accept, and inform the applicant in writing. If the applicant disagrees with the decision of rejection made by the legal aid institution, he may apply to the judicial administrative department for review within 15 days from the date of receiving the notice. The judicial administrative department shall make a review decision within 05 days from the date of receiving the application for review. If it is not accepted without justifiable reasons, it shall be ordered to accept it. Article 19 If the recipient refuses the legal service institution designated by the legal aid institution without justifiable reasons, he may not apply for legal aid again for the same matter. Twentieth criminal legal aid cases designated by the people's court for defense may be accepted and organized by the legal aid institution where the people's court is located. The people's court shall designate a legal aid case for defense according to law, and the legal aid institution shall make a decision on acceptance within 3 days after receiving the notice of defense and a copy of the indictment or the judgment of the people's procuratorate of first instance, and designate the undertaking institution and personnel to reply to the designated people's court. Twenty-first in any of the following circumstances, the legal aid institution may immediately decide to grant legal aid; Legal service institutions can also provide legal aid in advance and report it to the legal aid institutions for the record (1). Failure to provide assistance in time will cause adverse social impact; (two) the judicial administrative department considers it necessary to provide legal aid in time; (three) other emergency or special circumstances need to provide legal aid immediately. Chapter IV Service and Closing the Case Article 22 After receiving the decision made by the legal aid institution to provide legal aid, the recipient shall sign a legal aid agreement with the legal service institution specified in the decision in time, clearly stipulating the exemption, reduction and deferment of fees and other rights and obligations of both parties. The service institution providing legal aid shall designate legal aid personnel at the same time when signing the legal aid agreement. Twenty-third legal aid workers in the process of handling cases, found that the recipient does not have the conditions for assistance, should be through the legal service institutions where they are reported to the legal aid institutions for approval, to terminate their legal aid, and pay the legal service fees provided. During the period of receiving aid, if the recipient no longer meets the conditions of legal aid due to the improvement of economic conditions, legal aid may be terminated with the approval of legal aid institutions, but paid legal services may still be provided. Due to the settlement of a legal aid case or matter, the recipient shall pay the fee for providing legal services if he obtains significant benefits of more than 5 times the legal service fee charged according to the prescribed standards. Twenty-fourth in the process of legal aid, the recipient has the right to know the progress of providing legal aid. There are facts that prove that legal aid personnel have not performed their due duties, and the recipient may apply to the legal service institution for the replacement of legal aid personnel. Twenty-fifth recipients in violation of the legal aid agreement, legal aid workers can suspend legal aid through the approval of legal service institutions. Twenty-sixth after the end of legal aid, legal aid personnel shall submit a closing report to their legal service institutions and legal aid institutions designated to provide legal aid, and attach copies or photocopies of legal documents such as judgments, conciliation statements, notaries and related legal aid documents. Twenty-seventh after the acceptance of the final report, it belongs to the legal aid matters that are free of service fees, and the legal aid institution shall timely subsidize the legal aid personnel from the legal aid funds. Chapter V Legal Liability Article 28 If a law firm, notary office or legal service office fails to perform its legal aid obligations, the judicial administrative department shall give it a warning; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law. Twenty-ninth lawyers who fail to perform their legal obligations shall be given a warning, suspended or refused annual registration by the judicial administrative department. Notaries and grassroots legal workers who fail to perform their legal aid obligations shall be given administrative sanctions by their units or judicial administrative departments according to law. If the recipient obtains legal aid by deception, the legal aid institution shall terminate the legal aid and order it to pay the legal aid service fee. Thirtieth staff of administrative organs and legal aid institutions who engage in malpractices for personal gain or commit other dereliction of duty in legal aid activities shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article 31 Specific measures for social organizations, schools and other organizations to participate in legal aid shall be formulated separately by the provincial judicial administrative department. Article 32 These Measures shall come into force on March 1 2006.