深圳经济特区法律援助办法
|
深圳市人民政府令第73号 Rules of Shenzhen Special Economic Zone on Legal Aid (Adopted at the 102nd executive meeting of the Second People’s Government of Shenzhen Municipality, Promulgated by Decree No.73 of the People’s Government of Shenzhen Municipality on July 11, 1998) Chapter Ⅰ General Provisions Article 1 In order to set up the system of social and legal protection, ensure that citizens may obtain necessary legal service to maintain their lawful rights and interests, these rules are formulated in accordance with the basic principles of relevant laws and regulations of the State, as well as on the basis of the actual circumstances of Shenzhen Special Economic Zone. Article 2 “Legal aid” mentioned in these rules refers to a legal system, under which the special institution established by government shall organize practicing lawyers or public lawyers to provide legal services to qualified citizens and exempt, reduce or postpone the counsel fee according to specific circumstances. Article 3 The citizens, who accord with the provisions of these rules, shall equally enjoy the right to obtain legal aid. Article 4 Lawyers shall take facts as the basis and the law as criterion, and observe professional ethics and practicing disciplines in providing legal aid. Article 5 The principles of fairness, impartiality, promptitude and effectiveness shall be followed in legal aid. Chapter Ⅱ Institution of Legal Aid Article 6 The Institution of legal aid shall be administrated and supervised by the administrative department of justice, and perform the following functions and duties: (1) examining the application of legal aid and deciding on whether to accept it or not; (2) organizing practicing lawyers or public lawyers to undertake legal aid; (3) being in charge of the use and administration of the fund for legal aid; (4) carrying out the propaganda and exchange concerning legal aid. Article 7 The Institution of legal aid shall establish a Roll of Lawyers for Legal Aid. The lawyer listed into the Roll of Lawyers for Legal Aid shall not refuse to undertake the affairs of legal aid without proper reason. Chapter Ⅲ Object of Legal Aid Article 8 The following persons may obtain legal aid without examination: (1) the criminal accused, for whom the people’s court shall designate a lawyer; (2) the citizen, who asks for legal counsel. Article 9 The applicant, who satisfies the following requirements and passes the examination of the institution of legal aid, may obtain legal aid: (1) having permanent residence in Shenzhen, or having lived in Shenzhen for more than one year; (2) having been proved to be incapable to afford the counsel fee with capability or full capability; (3) The reason and basis for his application are authentic, and it is necessary to provide him legal aid. Article 10 Anyone, who satisfies the requirements stipulated in the Article 9 of these rules and is under any one of the following circumstances, may obtain legal aid preferentially: (1) holding the certificate of disabled or wounded solider, certificate of registration of drawing pension or other effective certification of receiving relief issued by the civil affairs department; (2) claiming for alimony, support for children or elders, remuneration for labor or pension for the disabled or the family of a decedent;; (3) being the disabled, elderly, female or child. Article 11 The Institution of legal aid may provide legal service in the following forms according to the specific condition of person to be aided: (1) serving as the agent ad litem of criminal, civil or administrative litigation, or the defender of criminal defendant; (2) serving as the agent of the party of arbitration case; (3) acting as agent to appeal, accuse, attend hearing or apply for administrative review; (4) drawing up legal document; (5) providing legal counsel. Article 12 The institution of legal aid shall decide on whether to exempt, reduce or postpone the counsel fee of the qualified applicant. Article 13 The legal aid shall be terminated under any one of the following circumstances: (1) the legal aid is obtained by deceit; (2) the aided person acquires property enabling him to pay counsel fee; (3) there is new proof showing that the reason for providing legal aid is no longer tenable. Article 14 The person involved in the case concerning the right of personal name, portrait, reputation, honor, authorship, patent or trademark, shall not be granted legal aid. Chapter Ⅳ Procedures of Legal Aid Article 15 Anyone, who applies for legal aid, shall fill in the Legal Aid Application Form and submit the following materials: (1) the identity card of resident, certification of permanent residence or temporary residence; (2) the certification of the economic conditions of the applicant and his family members or other certification proving that the applicant is incapable to pay counsel fee with capability or full capability, which is issued by relevant department; (3) fact and evidence concerning the matter requiring legal aid; (4) other material that is required to be provided by the institution of legal aid. Article 16 The person with no or limited capacity for civil conduct shall have his guardian or agent ad litem to apply for him. Article 17 The working staff member of the institution of legal aid shall withdraw from the examination of the legal aid application if he is under any one of the following circumstances: (1) the working staff member is the interested person of the application, or a close relative of the interested person; (2) the working staff member has other interest with the application that could affect the impartial handling of the application. Article 18 The Institution of legal aid shall decide whether to provide legal aid or not within 10 days from registering for the applicant: (1) it shall send the Notice of Providing Legal aid and the Roll of Lawyers for Legal Aid to the qualified applicant; (2) it shall send the Notice of Not Providing Legal Aid to the unqualified applicant. If the applicant doesn’t agree with the Notice of Not Providing Legal Aid, he may require the institution of legal aid for reexamination within 5 days from receiving the notice. The Institution of legal aid shall examine the notice and report it to the administrative department of Justice within 5 days, which shall make a decision within 5 days. Article 19 The applicant shall submit the name list of the selected lawyer for legal aid to the institution of legal aid within 5 days from receiving the Notice of Providing Legal Aid. If he fails to submit the name list within the prescribed time limit, the institution of legal aid shall designate a lawyer for him. Article 20 The person being granted the legal aid shall conclude an Agreement on Legal Aid with the institution of legal aid, and produce a Letter of Entrustment to the lawyer for legal aid, who is selected by him, or designated by the institution of legal aid. The Agreement on Legal Aid shall be uniformly printed by the administrative department of justice. Article 21 The practicing lawyer shall accept the supervision of the institution of legal aid when providing legal aid, and shall not terminate legal aid or entrust others to provide legal aid arbitrarily without the permission of the institution of legal aid. Article 22 The lawyer of legal aid shall not collect any money or property from the party, or obtain other illicit interest. Article 23 The lawyer of legal aid shall fill in a Table of Settled Case after the legal aid is finished, and submit relevant legal documents, litigation documents, evidences and materials to the institution of legal aid. The Institution of legal aid shall put the materials mentioned above on record together with the application, examination and approval materials concerning the legal aid. ?Article 24 The Institution of legal aid may provide legal aid beforehand without examining the application for legal aid under any one of the following circumstances: (1) the limitation of action is about to be expired; (2) it is necessary to take property preservation measures or preservative measures in litigation immediately; (3) it may result in social confusion or cause adverse influence on the public if the aid is not provided in time. After the circumstances provided in the preceding paragraph disappear, the institution of legal aid shall examine the application for legal aid according to relevant provisions. If the application is disqualified, the legal aid shall be terminated, and the party concerned shall pay the occurred counsel fee and other expenditures. Chapter Ⅴ Capital of Legal Aid Article 25 The sources of capital of legal aid include: (1) the financial allocations of government; (2) the fruits of legal aid fund; (3) other legal sources. Article 26 A special account shall be opened for the capital of legal aid, which shall be specially used for the affairs of legal aid and shall not be embezzled for other purpose. The use of the capital of legal aid shall be under the supervision of the departments of finance and auditing. Article 27 The institution of legal aid shall pay some subsidy to the lawyer undertaking legal aid, which shall be disbursed from the capital of legal aid. The standard of subsidy shall be determined by the municipal administrative department of justice. Chapter Ⅵ Legal Responsibilities Article 28 Any lawyer, who violates the provision of Article 7 of these rules, shall be warned by the municipal administrative department of justice. Any lawyer, who violates the provision of Article 22 of these rules, shall be punished by the municipal administrative department of justice according to law. Article 29 If the institution of legal aid refuses to provide legal aid to the qualified applicant, or provides legal aid to the unqualified applicant, the administrative department of justice shall give administrative punishments to the person in charge, who is directly liable, and other persons liable. Article 30 Any one, who obtains the legal aid by deceit, shall pay the occurred counsel fee and other expenditures. If his act causes any damage to others, he shall take the responsibility of compensation. Article 31 Any working staff member of the institution of legal aid, who conducts any act violating these rules, shall be given administrative punishment by the administrative department of justice. If the act is serious enough to constitute a crime, he shall be investigated for criminal responsibilities by the judicial organ. Chapter Ⅶ Supplementary Provisions Article 32 The administrative rules on public lawyers shall be enacted separately by the municipal government. Article 33 These rules shall go into effect as of the date of promulgation. |
