Regulations of Nanjing Municipality on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Regulations on Legal Aid of the State Council, the Regulations on Legal Aid of Jiangsu Province and other relevant laws and regulations, and in combination with the actual situation of this Municipality, in order to ensure that citizens with financial difficulties and parties to special cases obtain necessary legal services and promote and standardize legal aid work. Article 2 These Regulations shall apply to the legal aid work within the administrative area of this Municipality.

The term "legal aid" as mentioned in these Regulations refers to the act of legal aid institutions determined by the municipal and district people's governments, organizing and guiding legal service institutions and legal aid personnel, and providing legal services for the recipients free of charge.

Legal service institutions refer to law firms, notarization institutions, judicial authentication institutions, grassroots legal service institutions and other institutions registered according to law.

Legal aid personnel refer to the full-time staff of legal aid institutions and lawyers, notaries, judicial appraisers, grassroots legal service workers and legal aid volunteers who undertake legal aid matters.

The recipient refers to the party receiving legal aid. Article 3 The municipal and district people's governments shall incorporate legal aid into the national economic and social development plan, include the funds required for legal aid in the fiscal budget at the corresponding level, establish and improve the legal aid work system, strengthen the construction of legal aid teams, and ensure the coordinated development of legal aid and economy and society.

The Town People's Government and the sub-district offices shall assist in the economic situation review of legal aid applicants and other related work. Article 4 The judicial administrative department is responsible for supervising and managing the legal aid work within its administrative area, and the legal aid institution in charge is specifically responsible for organizing and implementing the legal aid work.

The people's courts, people's procuratorates and public security organs shall establish and improve the linkage mechanism with the judicial administrative departments for legal aid work and give support to the legal aid work.

Finance, civil affairs and other relevant departments and trade unions, the Communist Youth League, women's federations, disabled persons' federations and other people's organizations shall, according to their respective functions and duties, do a good job in legal aid. Article 5 The municipal and district people's governments may provide legal aid by purchasing services from the society. The judicial administrative department shall, in accordance with legal procedures, determine the subject to undertake legal aid, and sign a contract for the purchase of legal aid services in accordance with the law, specifying the service scope, quality requirements, service period, payment of funds, rights and obligations of both parties to the contract and liability for breach of contract. Article 6 The judicial administrative department shall, in accordance with its duties, organize and carry out legal aid publicity to raise public awareness of safeguarding rights according to law.

Newspapers, radio and television, internet and other media should carry out public welfare publicity of legal aid. Article 7 A legal service institution undertaking legal aid matters and its personnel shall perform their legal aid obligations according to law.

Lawyers' associations, notarial associations, judicial expertise associations and grassroots legal service workers' associations shall assist legal aid institutions to carry out legal aid work, urge legal aid workers to perform their legal aid obligations, and safeguard their legitimate rights and interests in carrying out legal aid work. Article 8 Teachers, students and other persons with legal expertise in institutions of higher learning are encouraged to participate in legal aid work as legal aid volunteers. Article 9 This Municipality shall establish a legal aid fund according to law, and raise, use and manage the legal aid fund in accordance with relevant laws, regulations and articles of association.

Encourage and support social organizations and individuals to donate to the legal aid foundation to promote the development of legal aid. Chapter II Scope and Methods of Legal Aid Article 10 Citizens who need to be represented for the following matters due to financial difficulties may apply for legal aid if they have not entrusted an agent:

(1) Requesting state compensation;

(2) Requiring confirmation of labor relations, payment of labor remuneration or economic compensation or compensation due to labor relations;

(3) Requesting to pay alimony, alimony and alimony;

(4) Requesting social insurance benefits or minimum living security benefits;

(5) Requesting pensions and relief funds;

(6) claiming compensation for work-related injuries or serious bodily injuries;

(seven) due to production safety accidents, quality accidents of products and agricultural means of production, environmental pollution accidents and other major economic losses;

(8) claiming rights due to domestic violence, abuse or abandonment;

(nine) due to marriage disputes, disputes over bequests and support agreements, or serious violations of civil rights and interests such as custody and inheritance rights, requesting confirmation or compensation;

(ten) other matters stipulated by the state and the province. Eleventh any of the following circumstances, because of economic difficulties did not hire a lawyer or an agent, you can apply for legal aid:

(1) A criminal suspect who has been questioned for the first time by the investigation organ or who has been subjected to compulsory measures;

(2) The victims of public prosecution cases transferred for examination and prosecution and their legal representatives or close relatives;

(3) Private prosecutors, defendants and their legal representatives in criminal private prosecution cases. Article 12 The standard of economic hardship as mentioned in these Regulations shall be implemented according to the fact that the per capita monthly income of a family does not exceed twice the minimum living standard stipulated by the Municipal People's Government.

If the standards of economic difficulties stipulated in the preceding paragraph need to be adjusted, the municipal judicial administrative department shall, jointly with relevant departments and people's organizations, put forward opinions, report them to the Municipal People's Government for approval and implementation, and make them public.