What are the judicial relief responsibilities of the prosecution department of the People’s Procuratorate?

The Implementation Law of the "Eleventh Five-Year Plan" Implementation Plan for National Legal Assistance for Disabled People in China. With the continuous improvement of the construction of our country's socialist democratic legal system, the people's courts at all levels, people's procuratorates, public security agencies, judicial administrative agencies, disabled people, etc. The United Nations and others continue to increase judicial assistance, legal aid and legal services for disabled people. People's courts at all levels provide judicial assistance in accordance with the law to poor disabled people and social welfare enterprises and institutions such as welfare homes and mental hospitals. Public security organs at all levels and the People's Procuratorate severely crack down on various illegal and criminal acts that infringe on the rights and interests of persons with disabilities in accordance with the law. Legal aid agencies, judicial offices, legal service offices, law firms, notary offices and other institutions at all levels actively provide barrier-free legal services and legal aid to persons with disabilities. 3,102 law firms are designated and entrusted by Disabled Persons' Federations at all levels to provide legal services to disabled people. 2,270 Disabled Persons' Federations at or above the county level have established specialized legal aid centers (sub-centers, workstations) for persons with disabilities to provide free legal services to persons with disabilities. During the "Eleventh Five-Year Plan" period, in order to effectively safeguard and protect the legitimate rights and interests of disabled people, in accordance with the "Eleventh Five-Year Plan for the Development of Disabled Persons in China" approved by the State Council, the "Eleventh Five-Year Plan" for Legal Assistance for Disabled Persons was specially formulated. Implementation Plan". In order to ensure the smooth completion of legal assistance tasks for persons with disabilities during the "Eleventh Five-Year Plan" period, this law is formulated for reference when carrying out work in various places. 1. Mission Objectives (1) Establish a coordination mechanism for legal aid for persons with disabilities at the provincial, municipal, and county levels. (2) Establish a legal aid system for persons with disabilities that is dominated by judicial aid provided by people's courts at all levels, legal services and legal aid provided by judicial administrative departments at all levels, and supplemented by legal aid provided by other administrative agencies, Disabled Persons' Federations and social forces. 2. Main measures Legal aid for disabled people mainly includes judicial aid provided by people's courts for disabled people, legal aid provided by legal aid centers for disabled people, people's procuratorates, public security, judicial administration, civil affairs, labor and social security, education, health, and the Disabled Persons' Federation. , law firms, legal service offices, notary offices, etc. provide legal services and assistance to disabled people, as well as social groups, non-governmental organizations, institutions of higher learning, etc. provide legal services and assistance to disabled people in various forms. The content of legal aid for persons with disabilities is very extensive and requires division of labor and cooperation between the People's Court, People's Procuratorate, Public Security, Judicial Administration, Civil Affairs, Labor and Social Security, Education, Health, Disabled Persons' Federation and other departments. They must not only perform their respective duties, but also cooperate with each other. *** Carry out work together. At the same time, we must pay full attention to the positive role played by social groups, civil organizations, universities, etc. in the legal aid work for people with disabilities. (1) Coordination mechanism for legal aid for persons with disabilities The coordination mechanism for legal aid for persons with disabilities is to study and formulate policies and plans for legal aid for persons with disabilities, supervise the development of legal aid for persons with disabilities, and solve major problems in legal aid for persons with disabilities. Comprehensive coordination mechanism. 1． The Coordination Group for Legal Aid for Disabled Persons has established a coordinating group for legal aid for persons with disabilities consisting of the People's Court, People's Procuratorate, Public Security, Judicial Administration, Civil Affairs, Labor and Social Security, Education, Health, Disabled Persons' Federation and other departments to serve as the coordinator for legal aid for persons with disabilities. The carrier and organizational form of the mechanism shall be used to coordinate relevant departments to jointly carry out legal aid work for persons with disabilities in the region. 2. Responsibilities of the Legal Aid Coordination Group for Disabled Persons The main responsibilities of the Legal Aid Coordinating Group for Disabled Persons are: (1) Research and formulate policies and plans for legal aid for persons with disabilities in the region. (2) Supervise relevant departments to carry out legal aid for persons with disabilities in the region in accordance with the law. (3) Coordinate with relevant departments to properly handle and resolve major typical cases that infringe on the rights and interests of persons with disabilities. (4) Summarize and promote the experience of legal aid for people with disabilities. 3. The work requirements of the Legal Aid Coordination Group for Disabled Persons The main work requirements of the Legal Aid Coordinating Group for Disabled Persons are: (1) Convene at least one plenary meeting each year to summarize the legal aid work for persons with disabilities this year and review the legal aid work for persons with disabilities in the following year Work is deployed. (2) Coordinate and resolve in a timely manner major typical cases that infringe upon the rights and interests of persons with disabilities. (3) Carry out timely research on the legal assistance work for disabled people in the region and solve the problems and difficulties existing in the legal assistance work for disabled people. (2) Investigation and Handling of Major Typical Cases Through the implementation of the Law of the People's Republic of China on the Protection of Disabled Persons and other laws and regulations that protect the rights and interests of persons with disabilities, the legitimate rights and interests of the majority of persons with disabilities have been effectively safeguarded and protected. However, due to various reasons, discrimination against disabled people and infringement of their rights and interests often occur in society.

For the following cases: (1) those that infringe on the interests of disabled people; (2) those that seriously infringe upon the legitimate rights and interests of disabled people and have a major impact in the region; (3) the handling of the case has a typical role in protecting the rights and interests of disabled people, the public security Judicial organs such as government agencies and the People's Procuratorate shall perform their functions in accordance with the law and effectively safeguard the legitimate rights and interests of persons with disabilities; other departments related to the case must actively cooperate with the judicial organs in carrying out their work in accordance with the law; as the representative organization of persons with disabilities, the Disabled Persons' Federation must fully perform its rights protection functions and safeguard the rights of persons with disabilities as soon as possible. Intervene and actively cooperate with relevant departments to comprehensively protect the rights and interests of persons with disabilities. (3) Legal relief work for persons with disabilities by the people’s courts 1. Judicial aid is provided in accordance with the "Regulations of the Supreme People's Court on Judicial Aid to Parties with Real Financial Difficulties", including disabled people without a fixed source of income, social welfare institutions, nursing homes, special care hospitals, mental hospitals, SOS Children's Villages, social assistance stations, Special education institutions and others can obtain judicial assistance from the People's Court and enjoy the reduction or exemption of relevant litigation fees; the People's Court continues to lower the conditions for judicial assistance and expand the scope of judicial assistance recipients based on local actual conditions, so that poor people with disabilities can enjoy judicial assistance benefits. 2． Other legal aid work is based on the provisions of the "Criminal Procedure Law of the People's Republic of China" and other relevant laws. If the defendant is blind, deaf, mute or a minor with a disability and has not appointed a defender, the People's Court shall designate the person to bear the obligation of legal aid. A lawyer defends him. For visually disabled people, hearing disabled people, and speech disabled people, the people's courts provide barrier-free services such as Braille and sign language based on the needs of the disabled people and the needs of the cases. (4) Legal aid for persons with disabilities provided by judicial administration and other departments 1. Legal aid and legal services provided by the judicial administration department In accordance with the "Notice on Providing Barrier-free Legal Services and Legal Aid for Disabled Persons", judicial offices, legal service offices, law firms, notary offices, and judicial appraisal institutions actively provide services for persons with disabilities. Barrier-free legal services are provided, and relevant fees are reduced or exempted based on the economic status of the disabled. Disabled people can enjoy priority, high-quality, and preferential barrier-free legal aid and legal services. Legal aid agencies at all levels, in accordance with the "Legal Aid Regulations of the People's Republic of China" and other regulations and policy requirements, list disabled people as key assistance targets to ensure that disabled people who meet the legal aid conditions can receive effective legal aid, and Appropriately expand the scope of assistance for disabled people according to local actual conditions, lower the conditions for legal aid, and enable disabled people to enjoy legal aid services. 2． Forensic appraisal and other fees are reduced or exempted in accordance with the "Opinions on Implementing the "Legal Aid Regulations" to Effectively Solve the Difficulties of People in Distress in Litigation", judicial, civil affairs, finance, labor and social security, land and resources, construction, health, industry and commerce, archives, etc. The department continues to increase financial investment, simplify relevant procedures, and reduce or exempt fees related to persons with disabilities; various appraisal institutions provide discounts and exemptions for appraisals of matters involved in legal aid cases for persons with disabilities; judicial appraisal institutions managed by the judicial administration department and oriented to social services provide discounts and exemptions for persons with disabilities. If recipients of legal aid cases for persons with disabilities apply for judicial appraisal, appraisal fees will be deferred or waived; other appraisal agencies with non-financial appropriations will apply for disability appraisal, paternity appraisal, handwriting appraisal and property evaluation for recipients of legal aid cases for persons with disabilities. If the recipient really has difficulty paying the appraisal fee, the legal aid agency will bear the relevant costs. 3. Legal Aid Centers for Disabled Persons Local judicial administrative agencies and Disabled Persons' Federations have jointly established 2,270 legal aid centers (branch centers, workstations) for disabled people, providing a large number of legal aid services to poor disabled people. Funding investment in legal aid centers for persons with disabilities should be continuously increased to ensure the normal development of legal aid centers for persons with disabilities. Judicial administrative agencies at all levels have strengthened their business guidance for legal aid centers for persons with disabilities, and continuously improved the business level and case quality of legal aid centers for persons with disabilities. Legal aid centers for persons with disabilities should ensure that persons with disabilities who meet the conditions for legal aid can effectively enjoy legal aid services; at the same time, they must continue to lower the conditions for providing legal aid to persons with disabilities, expand the scope of legal aid for persons with disabilities, and strive to make all persons with disabilities Enjoy legal aid services. For legal aid centers for persons with disabilities who cannot directly handle cases, they must actively carry out case referral work, standardize legal aid work procedures, and unblock legal aid channels for persons with disabilities. Legal aid centers for persons with disabilities should establish a complete archival system and statistical system.

(5) Legal aid work for disabled persons by the Disabled Persons’ Federation 1. The Disabled Persons' Federation's legal aid work for disabled people requires that all levels of Disabled Persons' Federation should fully understand the importance of legal aid for disabled people in protecting the rights and interests of disabled people, fully investigate and understand the legal aid needs and actual situation of local disabled people, and carry out the work through various channels. Legal aid for people with disabilities. Legal aid work meetings for persons with disabilities should be held regularly to summarize the legal aid work for persons with disabilities this year and make arrangements for legal aid work for persons with disabilities next year. It is necessary to make full use of existing resources to ensure that qualified disabled people can obtain judicial assistance, legal aid and other related fee reductions and exemptions, and to ensure that disabled people can enjoy preferential treatment and support through various channels. It is necessary to actively raise funds, attract legal professionals, and carry out professional legal aid services based on local actual conditions. 2. Legal Aid Centers for Disabled Persons Legal Aid Centers for Disabled Persons can be established in places where conditions permit, to expand the ability and scope of providing legal aid to disabled people, and to provide consultation, document writing, mediation, agency, etc. to disabled people who need legal help and services. Provide free help. Legal aid centers for persons with disabilities should generally have legal professionals, fixed public places and financial guarantees. Legal aid centers for persons with disabilities should develop corresponding duty systems based on actual local conditions and make them public to persons with disabilities. Encourage the provision of legal consultation and services to persons with disabilities through legal consultation hotlines, online Q&A and other forms. The Legal Aid Center for Disabled Persons shall establish a complete archival system and statistical system for the cases it handles. The case procedures of the Legal Aid Center for Disabled Persons are: (1) Refer cases of people with disabilities who meet local legal aid conditions to local legal aid centers or legal aid centers for people with disabilities who have the ability to file cases; (2) Cases of people with disabilities who do not meet local legal aid conditions Conditions, the Legal Aid Center for Disabled Persons can handle individual cases according to procedures; (3) Other cases can be referred to law firms and legal service offices designated or entrusted by the Disabled Persons' Federation. 3. Support litigation and public interest litigation. For major typical cases that seriously infringe on the rights and interests of disabled people, the Disabled Persons' Federation can support the injured disabled people in filing lawsuits in the People's Court in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and other laws and regulations. The content of supporting the lawsuit mainly includes: (1) providing mental and material help to the disabled persons who have been violated; (2) helping the disabled persons who have been violated to obtain judicial relief and legal aid; (3) submitting opinions supporting the prosecution to the court; ( 4) Other help. For cases that infringe on the interests of disabled people, especially administrative cases, we can try to follow the public interest litigation model and directly file lawsuits with the People's Court and participate in lawsuits on behalf of disabled people. (6) Other institutions’ legal aid work for persons with disabilities should fully recognize the positive role of social groups, non-governmental organizations, universities and other social resources in the legal aid work for persons with disabilities, and encourage and support various forms of legal aid work for persons with disabilities. Through policy guidance, project support, the establishment of special funds and other channels, we have extensively absorbed and utilized social funds and outstanding talents to devote ourselves to the legal aid work for persons with disabilities. 3. Inspection and evaluation (1) Inspection 1. Inspection content The inspection content mainly includes whether the coordination group for legal assistance for persons with disabilities has been established; whether the coordination group for legal assistance for persons with disabilities can carry out its work normally, including the introduction of policies and the handling of major cases. , experience summary and promotion, etc.; the work progress of various functional departments in the legal aid work for persons with disabilities; the status of cases in the Legal Aid Center for People with Disabilities and Legal Aid Centers for People with Disabilities; relevant work files and statistics, etc. 2. Inspection methods Inspections include irregular inspections, spot inspections, annual inspections, mid-term inspections and final inspections of the "11th Five-Year Plan" by the government, the Disabled Persons' Federation and the rights protection departments of the Disabled Persons' Federation. (2) The evaluation and inspection department will evaluate based on the inspection situation, put forward corresponding rectification opinions and suggestions, summarize successful experiences and conduct promotion and learning. 4. Funding Governments at all levels should include legal assistance funds for disabled people in their fiscal budgets, absorb social resources, strive for relevant project funds, and raise funds through multiple channels for legal assistance work for disabled people. Central funds are mainly used to research and formulate legal aid policies for persons with disabilities, provide guidance on legal aid for persons with disabilities, and provide appropriate subsidies for local legal aid cases for persons with disabilities based on actual conditions. Local funds are mainly used to carry out local legal aid work for disabled people and train legal aid workers for disabled people.