Chapter 1 General Provisions Article 1 is to establish a social legal security system to ensure that citizens obtain necessary legal services to safeguard their legitimate rights and interests, in accordance with the basic principles of relevant national laws and regulations, and in combination with the actual situation of Shenzhen Special Economic Zone , formulate these measures. Article 2 The term “legal aid” as mentioned in these Measures refers to a program in which specialized agencies established by the government organize practicing lawyers or public lawyers to provide legal services to eligible citizens and exempt, reduce or defer legal fees according to specific circumstances. legal system. Article 3 Citizens who comply with the provisions of these Measures shall equally enjoy the right to obtain legal aid. Article 4: Lawyers must provide legal aid on the basis of facts, the law as the criterion, and abide by professional ethics and professional disciplines. Article 5 Legal aid shall follow the principles of fairness, impartiality, timeliness and effectiveness. Chapter 2 Legal Aid Institutions Article 6 Legal aid institutions are subject to the management and supervision of judicial administrative agencies. The responsibilities of legal aid agencies are as follows:
(1) Examine legal aid applications and decide whether to accept them;
(2) Organize practicing lawyers or public lawyers to handle legal aid matters;
(3) Responsible for the use and management of legal aid funds;
(4) Carry out publicity and exchange work on legal aid. Article 7 Legal aid institutions should establish a "Directory of Legal Aid Lawyers", and lawyers listed in the "Directory of Legal Aid Lawyers" shall not refuse to undertake legal aid matters without justifiable reasons. Chapter 3 Legal Aid Targets Article 8 The following persons can receive legal aid without review:
(1) Defendants in criminal cases designated by the People’s Court for defense;
(2) Citizens requesting legal advice. Article 9 Applicants who meet the following conditions can obtain legal aid after being reviewed by the legal aid agency:
(1) Have a permanent residence in Shenzhen or have lived in Shenzhen for more than one year;
(2) It is proven that the applicant is unable or not fully able to pay the lawyer’s fees;
(3) The application matter has real reasons and basis and it is necessary to provide assistance. Article 10 Those who comply with the provisions of Article 9 of these Measures and have one of the following circumstances may be given priority in obtaining legal aid:
(1) Holding a disabled military certificate issued by the civil affairs department and registration for receiving pensions and benefits Certificate or other effective relief certificate;
(2) Recourse for alimony, support, support, labor remuneration and pension;
(3) The applicant is disabled of people, the elderly, women and children. Article 11 Legal aid institutions may provide the following forms of legal services based on the specific circumstances of the aid recipients:
(1) Serve as criminal, civil, administrative litigation agents or defenders for criminal litigation defendants;
(2) Act as an agent for parties involved in arbitration cases;
(3) Act as agent for appeals, accusations, hearings and applications for administrative review;
(4) Act as agent for drafting Legal documents;
(5) Answer legal consultations. Article 12: Applicants who meet the conditions will be exempted, reduced, or deferred from attorney fees at the discretion of the legal aid agency. Article 13 Legal aid shall be terminated if one of the following circumstances occurs:
(1) Obtaining legal aid through fraud;
(2) Obtaining assets sufficient to pay attorney fees
(3) There is new evidence proving that the reasons for granting legal aid are no longer tenable. Article 14: Legal aid will not be provided for cases involving disputes over name rights, portrait rights, reputation rights, honor rights, or copyrights, patent rights, and trademark rights. Chapter 4 Legal Aid Procedures Article 15 To apply for legal aid, you should fill in the "Legal Aid Application Form" and submit the following materials:
(1) Resident ID card, household registration certificate or temporary residence certificate;
(2) Proof of the financial status of the applicant and his family members issued by relevant departments or other proof that proves his or her inability or inability to pay attorney fees;
(3) Relevant assistance matters Facts and evidence;
(4) Other materials deemed necessary by the legal aid agency.
Article 16 If the applicant has no capacity for civil conduct or has limited capacity for conduct, his guardian or legal representative shall apply on his behalf. Article 17 When reviewing a legal aid application, staff of a legal aid agency shall recuse themselves under any of the following circumstances:
(1) They are an interested party or a close person of an interested party in the application matter; Relatives;
(2) Having other interests in the matter of this application, which may affect the fair handling of the application. Article 18 The legal aid agency shall make a decision on whether to provide legal aid within 10 days from the date of registration formalities for the applicant:
(1) If the applicant meets the conditions for legal aid, a "Legal Aid" will be issued to the applicant. "Notice of Assistance" and "List of Legal Aid Lawyers";
(2) If the applicant does not meet the conditions for legal aid, a "Notice of Denial of Assistance" will be issued to the applicant.
If the applicant has objections to the "Notice of No-Aid", he or she may request a re-examination from the legal aid agency within 5 days of receiving the "Notice of No-Aid", and the legal aid agency should The review shall be conducted within 5 days and reported to the judicial administrative agency, which shall make a decision within 5 days. Article 19 The applicant shall submit the list of legal aid lawyers selected by him to the legal aid agency within 5 days from the date of receipt of the "Legal Aid Notice". If the list cannot be submitted within the time limit, the legal aid agency shall designate the list.