Article 1 In order to standardize the implementation and management of the central special lottery public welfare fund legal aid project (hereinafter referred to as the project), ensure the public welfare, effectiveness and safety of the use of project funds, and enable more people in need to safeguard and realize their legitimate rights and interests through legal aid, these Measures are formulated in accordance with relevant laws and regulations.

Article 2 The term "project" as mentioned in these Measures refers to the project carried out by using the central special lottery public welfare fund to protect the family rights and interests of migrant workers, the disabled, the elderly, women and legal aid for minors.

Article 3 The implementation and management of projects shall follow the basic principles of openness and transparency, earmarking, strict supervision, extensive coverage and highlighting key points.

Chapter II Scope and Types of Project Funding Cases

Article 4 The scope of project funding cases:

(a) the economic situation of the parties and the application items are in line with the scope of legal aid matters as stipulated in the Regulations on Legal Aid and the supplementary provisions of this province (autonomous regions and municipalities), but the local legal aid funds are indeed difficult;

(two) the economic conditions of the parties meet the local standards of economic difficulties in legal aid, and the matters applying for legal aid do not belong to the scope of legal aid matters stipulated in the Regulations on Legal Aid and the supplementary provisions of this province (autonomous regions and municipalities), but belong to the types of cases stipulated in Article 6 of these Measures;

(3) The economic situation of the parties concerned is higher than the local standard of financial difficulties in legal aid and lower than the local minimum wage standard for urban workers, and the matters for which they apply for legal aid conform to the scope of legal aid matters stipulated in the legal aid regulations of this province (autonomous regions and municipalities) and its supplementary provisions;

Article 5 Project-funded areas include 3 1 province (autonomous regions and municipalities) and Xinjiang Production and Construction Corps, with emphasis on the central and western regions. According to the different levels of economic development in different places, different situations are funded respectively.

(1) Six eastern provinces (cities) such as Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang and Guangdong may apply for handling the cases specified in Items (2), (3) and (4) of Article 4 of these Measures.

(2) Other provinces (autonomous regions and municipalities) other than the above six eastern provinces (municipalities) and Xinjiang Production and Construction Corps may apply for handling the cases specified in Items (1), (2), (3) and (4) of Article 4 of these Measures, but handling the cases specified in Item (1) shall not exceed13 of the total number of cases handled by the Fund in this region.

Article 6 The case types of project funding mainly include:

(1) Civil cases

1. The right to life, health and body.

Disputes over personal injury compensation, medical injury compensation, industrial injury compensation and electric shock compensation in road traffic accidents.

2. Marriage and family disputes

Marriage property disputes, divorce disputes, post-divorce property disputes, post-divorce damage compensation disputes, cohabitation relationship analysis, child support disputes, invalid marriage disputes, cancellation of marriage disputes, marital property agreement disputes, etc.

3, maintenance, maintenance disputes

Disputes over alimony, change of maintenance relationship, maintenance, custody and visitation rights; Alimony disputes, disputes over changing alimony relationship, etc.

4. Adoption disputes

Confirmation of adoption disputes, dissolution of adoption disputes, property division disputes, etc.

5. Inheritance disputes

Legal succession disputes, succession disputes, subrogation inheritance disputes, testamentary succession disputes, decedent debt settlement disputes, bequest disputes, bequest support agreement disputes, etc.

6, product quality damage compensation disputes

7, highly dangerous operation damage compensation disputes

8, environmental pollution infringement disputes

Air pollution infringement disputes, water pollution infringement disputes, noise pollution infringement disputes, radioactive pollution infringement disputes, etc.

9, the ground, public places * * * building damage compensation disputes.

10. Disputes over compensation for collapse damage of buildings, shelves and hanging objects.

1 1, labor dispute, labor contract dispute

12, social insurance dispute

Disputes over old-age insurance, industrial injury insurance benefits, medical expenses, medical insurance benefits, maternity insurance benefits, unemployment insurance benefits, welfare benefits, etc.

13, consumer rights dispute

14, agricultural dispute

Disputes arising from the purchase and use of seeds, pesticides, fertilizers and other agricultural means of production, disputes over land contractual management rights, etc.

(2) Criminal cases

1, migrant workers, the disabled (except the blind and deaf), the elderly and women as criminal suspects and defendants.

2, migrant workers, the disabled, the elderly, women, minors as criminal victims of criminal cases.

(3) the execution of the case

(four) other circumstances that can be funded by this project.

Chapter III Organization and Management

Article 7 The China Legal Aid Foundation is entrusted by the Ministry of Finance and the Ministry of Justice to manage the implementation of this project. The relevant departments and units of the Ministry of Finance and the Ministry of Justice shall give guidance on the implementation of the project. Specific responsibilities are:

(1) The Administrative Regulations Department of the Ministry of Finance and the Financial Planning and Equipment Department of the Ministry of Justice are responsible for guiding and supervising the approval and use of the project fund allocation plan;

(two) the legal aid department of the Ministry of Justice is responsible for the guidance and supervision of the project business, and participates in the examination and approval of the project implementation unit;

(3) The Legal Aid Center of the Ministry of Justice participates in organizing project training, research, supervision, inspection and evaluation;

(4) all china lawyers association is responsible for recommending excellent law firms to participate in the project implementation.

Article 8 The China Legal Aid Foundation shall set up the Legal Aid Project Management Office of the Central Special Lottery Public Welfare Fund (hereinafter referred to as the Central Project Management Office), which shall be responsible for the daily work of project implementation and management under the leadership of the Foundation Council.

Article 9 The judicial departments (bureaus) of all provinces (autonomous regions and municipalities) shall organize legal aid institutions to set up project management offices of their own provinces (autonomous regions and municipalities) (hereinafter referred to as provincial project management offices) to be responsible for the implementation and management of projects within their respective jurisdictions.

Chapter IV Declaration of Project Implementation Units

Article 10 The term "project implementation unit" as mentioned in these Measures refers to the unit that receives project funding or designates a case undertaker to handle legal aid cases. Project implementation units include:

(a) legal aid institutions of prefectures (cities) and counties (cities, districts);

(2) Excellent law firms in Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Guangdong and other six provinces (cities) who are enthusiastic about public welfare undertakings and are good at protecting the family rights and interests of migrant workers, the disabled, the elderly, women and legal aid cases for minors;

(3) legal aid for private non-enterprise units;

(4) Legal help centers (rights protection agencies) of student organizations in law schools and social organizations such as women's federations.

Land (city) and county (city, district) legal aid institutions are the main implementation units of the project.

Article 11 The number of project implementation units and the amount of funds allocated by provinces (autonomous regions and municipalities) shall be put forward by the Central Project Management Office according to the actual situation of legal aid needs, funding gap, case handling ability and quality of provinces (autonomous regions and municipalities), which shall be determined after examination by the Ministry of Justice, reported to the Ministry of Finance for approval, and copied to the provincial financial department for the record.

Twelfth central project management office issued a unified "project application announcement". The application and approval of all kinds of project implementation units shall be handled in accordance with the following provisions:

(a) the legal aid institutions affiliated to the judicial departments (bureaus) of all provinces (autonomous regions and municipalities) accept the applications for the establishment of legal aid institutions in the mainland (cities) and counties (districts) within their respective jurisdictions, put forward audit opinions and report them to the Central Project Management Office for examination and approval.

(2) all china lawyers association is responsible for recommending outstanding law firms in six provinces (cities) of Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang and Guangdong who are enthusiastic about public welfare and are good at handling cases of protecting the family rights and interests of migrant workers, the disabled, the elderly, women and minors, and reporting them to the Central Project Management Office for examination and approval.

(3) Legal aid private non-enterprise units and legal help centers (rights protection agencies) of various social organizations directly apply to the Central Project Management Office for approval.

Thirteenth China Legal Aid Foundation and the legal aid institutions affiliated to the judicial departments (bureaus) of provinces (autonomous regions and municipalities) signed the "Project Implementation Agreement" to clarify the management responsibilities of the legal aid institutions affiliated to the judicial departments (bureaus) of provinces (autonomous regions and municipalities) for the project implementation units.

Article 14 The legal aid institutions affiliated to the judicial departments (bureaus) of all provinces (autonomous regions and municipalities) shall sign a project implementation agreement with the project implementation unit, specifying the rights and obligations in handling quality requirements and handling quantity, and report to the Central Project Management Office for the record within 10 days from the date of signing.

Chapter V Handling of Project Cases

Article 15 Where a party applies for legal aid to the project implementation unit, it shall truthfully fill in the Application Form for Legal Aid of the Legal Aid Project of the Central Special Lottery Public Welfare Fund (annex 1), and provide proof that the project and economic conditions applied for meet the scope specified in Chapter II of these Measures.

Article 16 The project implementation unit shall review the application for legal aid put forward by the parties within the prescribed time limit, and fill in the Form of Acceptance Opinions on Legal Aid of the Legal Aid Project of the Central Special Lottery Public Welfare Fund (Annex 2). In accordance with the provisions of Chapter II of these Measures, the application shall be accepted, and the case undertaker or undertaker shall be designated to undertake legal aid cases; Does not meet the provisions of the second chapter of these measures, shall not be accepted, and explain the reasons.

The legal aid centers of law firms and social organizations, as the project implementation units, shall submit their accepted legal aid applications to the local county (city, district) legal aid institutions for review. County (city, district) legal aid institutions shall complete the examination within the prescribed time limit, and shall make a decision to provide legal aid and issue an official letter to those who meet the conditions stipulated in Chapter II of these Measures.

Seventeenth (city), county (city, district) legal aid institutions as the project implementation unit, should try to assign law firms to undertake cases funded by this project. Legal aid institutions in the eastern region shall not assign full-time legal aid personnel of their own units to handle cases funded by this project; In principle, legal aid institutions in the central and western regions should assign full-time legal aid personnel of their own units to handle cases funded by this project, and the proportion shall not exceed 30% of the total number of cases funded by this project.

Article 18 After accepting the assignment, the case undertaker or undertaker shall sign an agency agreement with the recipient within the prescribed time limit.

Article 19 The case undertaker or undertaker shall, in accordance with the requirements of relevant legal aid work, abide by the practice discipline and professional ethics, provide legal services that meet the standards for the recipient, and shall not accept the property of the recipient for any reason or in any form.

Article 20 In the process of undertaking a case, if it is found that the case or economic situation declared by the recipient is inaccurate, or the recipient is found to have the circumstances listed in Article 23 of the Regulations on Legal Aid, the organizer or undertaker shall report to the project implementation unit in time, and the project implementation unit may terminate the legal aid to the recipient as appropriate. Law firms and social organizations' legal aid centers (rights protection agencies) think that the legal aid to the recipients should be terminated, and they must also report to the legal aid agencies of the counties (cities, districts) where they are located for examination and approval.

Twenty-first major, complex and difficult legal aid cases, the project implementation unit and the case undertaker shall organize collective research, determine the undertaking plan, and ensure the quality and effect of handling cases.

Article 22 The case undertaker or undertaker shall, within 15 days after the case is closed, fill in the Closing Review Form of the Legal Aid Project of the Central Special Lottery Public Welfare Fund (Annex 3) and submit it to the project implementation unit for closing review together with the following materials.

(a) the application form for legal aid, the acceptance review form and the relevant materials that prove that the case conforms to the scope of the funded cases stipulated in Chapter II of these Measures;

(two) legal aid assignment letter or other official letter;

(3) Agency agreement, power of attorney and other entrustment procedures;

(four) a copy of the complaint, appeal, complaint or application for administrative reconsideration (appeal), application for state compensation and other legal documents;

(5) Transcripts of conversations with clients, parties and witnesses, and copies of other relevant investigation materials and major evidence;

(6) legal documents such as defense, defense or proxy;

(7) Copies of legal documents such as judgments (rulings), arbitration awards, conciliation statements (including court conciliation statements, arbitration conciliation statements and conciliation agreements reached by the parties in the presence of lawyers) or administrative handling (reconsideration) decisions;

(8) Final report;

(9) Other materials related to the case.

Article 23 Law firms and social organizations' legal aid centers (rights protection agencies), as project implementation units, shall also submit the closing materials specified in Article 22 of these Measures to the local county (city, district) legal aid agencies for review. The legal aid institution shall complete the examination within 3 days.

Twenty-fourth legal aid private non-enterprise units and law school student organizations shall accept the professional guidance and supervision of the provincial project management office. In accordance with the "Regulations on Legal Aid" and relevant laws and regulations and the provisions of these Measures, strictly carry out the work of accepting, assigning, handling and closing the case. Handling group legal aid cases must be reported to the Central Project Management Office for review.

Twenty-fifth project implementation units shall, in accordance with the provisions of the relevant legal aid archives management, file the case materials. The closing materials specified in Article 22 of these Measures shall be filed as an important part of archival materials.

Chapter VI Appropriation and Management of Project Funds

Twenty-sixth project funds allocated by the Ministry of Finance to the Ministry of Justice, the Ministry of Justice allocated to the China Legal Aid Foundation. China Legal Aid Foundation will directly allocate the case handling subsidy to the project implementation unit according to the project implementation progress.

Twenty-seventh China legal aid foundation, the project implementation unit shall set up a special account for the project funds, independent accounting, separate account management, and shall not be mixed with other funds for management and use.

Article 28 The subsidy standards for handling cases in various regions funded by this project are as follows:

(1) West Chongqing, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, Xinjiang, Guangxi, Inner Mongolia, etc. 12 provinces (autonomous regions and municipalities) and Xinjiang Production and Construction Corps, where the subsidy for handling criminal cases and executing cases is 1000 yuan, and where the civil and administrative cases are handled. Difficult cases and cross-regional cases can be appropriately raised to a maximum of 4,000 yuan.

(2) Central Hebei, Shanxi, Jilin, Heilongjiang, Anhui, Jiangxi, Henan, Hubei, Hunan, Hainan and other provinces 10 and eastern Shandong, Liaoning, Fujian and other provinces 1200 yuan, and local civil and administrative cases are subsidized by 2,000 yuan; Difficult cases and cross-regional cases can be appropriately raised to a maximum of 4,500 yuan.

(3) Subsidies for handling cases in six eastern provinces (cities) such as Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang and Guangdong 1.600 yuan, and civil and administrative subsidies of 2,800 yuan; Difficult cases and cross-regional cases can be appropriately raised to 5000 yuan.

Twenty-ninth legal aid cases shall be handled by the project implementation unit, and difficult cases and cross-regional cases shall not exceed 10% in principle.

Thirtieth cases in the stage of criminal investigation, review and prosecution, criminal, civil and administrative cases of second instance, and cases closed through mediation, if the cases are simple and the workload is small, the amount of payment shall be reduced on the basis of the subsidy standard stipulated in Article 28 of these Measures.

Article 31 The project implementation unit shall submit the Quarterly Closing Statistics of the Legal Aid of the Central Special Lottery Public Welfare Fund (Annex 4), the Project Implementation Report of the Legal Aid Project of the XX Unit of the Central Special Lottery Public Welfare Fund and the Project Fund Application Report (Annex 5) to the provincial project management office every quarter.

Article 32 The provincial project management offices shall collect statistics on the project implementation of the project implementation units in the province (autonomous regions and municipalities), and submit the Quarterly Closing Statistics of the Central Special Lottery Public Welfare Fund Legal Aid Project (Annex 6), the Implementation Report of the Central Special Lottery Public Welfare Fund Legal Aid Project ×× Province (autonomous regions and municipalities) and the Project Fund Application Report (Annex 7) to the Central Project Management Office every quarter. After reviewing the above materials, the Central Project Management Office will allocate project funds to the project implementation unit.

Article 33 Where the legal aid institutions of prefectures (cities) and counties (districts) are the project implementation units, they shall promptly pay the case handling subsidies to the case undertaker or undertaker, and report the Table of Payment of Case Handling Subsidies for the Legal Aid Projects of the Central Special Lottery Public Welfare Fund (Annex 8) to the provincial project management office.

Thirty-fourth the project funds applied by the project implementation unit can only be used to distribute case handling subsidies to the case undertaker or undertaker, and shall not be used for other expenses.

Thirty-fifth the use of project funds should strictly abide by the relevant laws and regulations of the state and financial rules and regulations. No person or department may intercept, occupy, delay or deduct project funds, nor may it embezzle, misappropriate, falsely report, impersonate or squander project funds.

Thirty-sixth cases funded by this project may not apply for other financial and legal aid funds or other handling subsidies.

Thirty-seventh in any of the following circumstances, the case handling subsidy will not be paid:

(a) the project implementation unit, the case undertaker or the undertaker accepts the property of the recipient;

(2) terminating or entrusting others to handle legal aid cases without authorization;

(three) irresponsible, not handling the case or causing losses to the recipient;

(four) there are facts that prove that the legal aid personnel are replaced because they do not perform their duties;

(five) the case materials submitted by the case undertaker or undertaker do not meet the requirements of the project;

(six) fictional cases impersonator handling subsidies.

Article 38 Where legal aid is terminated due to the circumstances specified in Article 20 of these Measures, if the case undertaker or undertaker fails to carry out substantive work, the case handling subsidy shall not be paid; If substantive work has been carried out, the subsidy for handling cases may be halved according to the standards stipulated in Article 28 of these Measures.

Article 39 The Central Project Management Office accepts the audit of relevant departments and reports the audit results to the Ministry of Finance and the Ministry of Justice. The Central Project Management Office establishes an information and data management system, implements real-time monitoring and data statistics on the use of project funds, and entrusts relevant audit institutions to audit the use of funds by project implementation units.

Chapter VII Supervision and Inspection

Fortieth project management offices at all levels and project implementation units shall establish and improve the internal supervision and inspection system, strictly implement these measures and relevant laws and regulations, and take the initiative to accept the audit and inspection of relevant departments such as finance, auditing and supervision.

Forty-first provincial project management office is responsible for regular inspection of the province (autonomous regions and municipalities) project implementation; The Central Project Management Office shall, jointly with relevant departments, conduct phased centralized inspection.

The methods of project inspection include: spot check of documents, return visits by all parties, acceptance of reports, field visits, organization of audits, etc.

Article 42 The key points of project supervision and inspection are:

(a) the quality of funded projects;

(two) whether the project implementation unit has set up a special account and whether it is confused with other funds;

(three) whether there is any violation of the relevant provisions of these measures in the use of funds;

(four) whether the project implementation unit will pay the case handling subsidy in full to the case undertaker or undertaker.

(five) other contents that should be identified as key inspections.

Article 43 If it is found that the project implementation unit fails to implement the project as required or there are serious problems in project management, and fails to report the project implementation and the use of funds in time, the Central Project Management Office will give informed criticism to the relevant units and individuals and order them to make corrections, and at the same time deduct or suspend the project funds for the next stage as appropriate; If it is found that the project implementation unit has serious violations of these measures, it may suspend the implementation of the project in the unit and be responsible for rectification within a time limit. If the rectification period has not been improved, the qualification of the project implementation unit shall be cancelled, and the responsibility of the relevant personnel shall be investigated. If the circumstances are serious enough to constitute a crime, they will be transferred to judicial organs for criminal responsibility according to law.

Forty-fourth central project management office shall establish a project evaluation system to evaluate the implementation of the project, and the evaluation results will serve as an important basis for the allocation of funds for the next project. The Central Project Management Office will commend and reward outstanding project implementers, case undertakers and undertakers jointly with relevant departments.

Article 45 The Central Project Management Office shall report the project implementation and management to the Ministry of Finance and the Ministry of Justice every six months, and disclose the project implementation to the public every year.

Forty-sixth central project management office should set up a telephone number for reporting and supervision, accept reports from the masses and accept social supervision.

Chapter VIII Supplementary Provisions

Forty-seventh provincial project management offices can formulate specific implementation rules according to these measures and local actual conditions, and report them to the Central Project Management Office for the record.

Article 48 All forms and publicity materials such as the Application Form for Legal Aid used in this project shall be marked with the words "This project is funded by the central special lottery public welfare fund".

Article 49 The Ministry of Finance and the Ministry of Justice shall be responsible for the interpretation of these Measures.

Article 50 These Measures shall be implemented as of the date of promulgation.