Chapter I General Provisions
Article 1 In order to strengthen the management of legal aid work, standardize the procedures for handling legal aid cases, guarantee the quality of legal aid cases, and safeguard the legitimate rights and interests of the parties to economic difficulties or special cases, in accordance with the Legal Aid Regulations and the Guangxi Zhuang Autonomous Region Legal Aid Regulation 》, Formulate these rules.
Article 2 Legal aid agencies are responsible for accepting and examining applications for legal aid, assigning or arranging personnel to handle legal aid cases, and supervising and inspecting the handling of cases.
Article 3 Legal aid personnel handling legal aid cases shall follow the procedures of this rule to ensure the quality of legal aid cases.
Chapter II Application Procedure
Article 4 Citizens in financial difficulties who need legal help in order to safeguard their legitimate rights and interests may apply for legal aid.
Article 5 The parties may apply for legal aid in the following matters:
(1) requesting state compensation in accordance with law;
(2) requesting social insurance treatment or minimum living security treatment;
(3) requesting the payment of pensions or reliefs;
(4) requesting payment of labor remuneration;
(5) requesting payment of alimony, maintenance, or alimony;
(6) claiming civil rights and interests arising from acts of righteousness;
(7) Persons with disabilities, minors, or senior citizens seeking compensation for infringement.
Article 6 An application for legal aid in a civil or non-designated defense case filed by a party shall be accepted by the legal aid institution where the people's court where the case is heard.
Applications for legal aid for non-litigation legal affairs shall be accepted by the applicant authority or the legal aid agency at the place of residence of the respondent.
Notarized legal aid shall be accepted by the legal aid agency where the notary office has jurisdiction.
Legal advice is handled by the nearest legal aid agency.
Article 7: Legal aid cases designated for defense shall be accepted by the legal aid institution where the people's court is located or the legal aid institution where the case is being tried.
Article 8: Legal aid agencies at the county and district levels accept legal aid cases applied by parties in their jurisdictions and criminal legal aid cases designated by the county and district people's courts.
Municipal legal aid agencies accept legal aid cases with significant influence in their jurisdictions and criminal legal aid cases designated by the Intermediate People's Court for defense.
Article 9 A party applying for legal aid shall submit a written application to a legal aid institution, fill out the "Application Form for Legal Aid", and provide the following certification materials, except for legal consultation:
(1) Resident identity card or other valid identity certificate and family registration certificate or temporary residence permit;
(2) Certificates of the economic status of the parties and their family members issued by the residents 'committee, villagers' committee or relevant units where the parties are located;
(3) Certificates and evidence materials related to the application for legal aid;
(4) Other materials deemed necessary by legal aid agencies.
If you have difficulty filling in the Legal Aid Application Form, the staff of the legal aid agency will help you fill it out.
Chapter III Examination Procedure
Article 10 The staff of a legal aid agency who is responsible for reviewing and approving an application for legal aid shall evade itself in any of the following circumstances; the parties may also apply to the legal aid agency for their withdrawal:
(1) an applicant for legal aid or a close relative of the applicant;
(2) Those who have a direct interest in the application and may affect the fair handling of the application.
Article 11 The withdrawal of the person in charge of the legal aid agency shall be determined by the judicial administrative organ in charge; the withdrawal of other persons shall be determined by the person in charge of the legal aid agency.
Article 12: Legal aid agencies shall mainly review the following contents when applying for legal aid:
(1) Whether the contents of the applicant's name, gender, date of birth, nationality, ID card number, and place of residence registered on the registration form are consistent with the certification documents;
(2) Whether the applicant's work unit, correspondence address, educational level, health status, and economic income status are clearly entered;
(3) Whether the applicant has applied for legal aid, whether the number of the previous application matches the data on file in the aid center, and the processing result;
(4) whether the applicant describes the factual process of the case and whether the relevant certification materials provided are logical and necessary for further verification;
(5) The facts reflected by the applicant can deny whether the request is reasonable and whether it can be realized;
(6) Whether the type of economic income reported by the applicant is accurate and complete, whether the ID number matches, whether the monthly income calculation is accurate, whether the contents of the applicant's main family members' available assets and the applicant's own property are complete, and whether the applicant's monthly financial burden Accuracy, whether it meets the required minimum standards.
(7) If the materials provided by the applicant are incomplete or doubtful, the applicant shall be notified immediately to make necessary supplements.
Article 13 For matters that require further verification and investigation, relevant units and individuals shall be requested to obtain relevant certification materials or go to the department and conduct in-depth investigations, mainly including:
(1) Whether the applicant's living conditions have changed;
(2) whether there are any major omissions or inaccuracies in the case reported by the applicant;
(3) Whether the financial difficulties reported by the applicant are true and whether there are obvious disagreements among the local people;
(4) the original opinions of the judicial organs and relevant departments on the disputes and affairs in which the applicant applies for assistance;
(5) Other matters that need further verification.
Article 14 The staff responsible for reviewing the application shall, based on the status of the review and investigation, fill in the "Approval Form for Legal Aid Application", put forward preliminary review opinions, and submit it to the director of the Legal Aid Center for approval along with relevant supporting documents and materials.
Article 15 The legal aid institution shall complete the examination within ten working days from the date of accepting the application and make a decision whether to grant legal aid.
Article 16 When reviewing legal aid applications, legal aid agencies shall deal with them separately in the following circumstances:
(1) if it meets the conditions for legal aid, but does not fall under the jurisdiction of this institution, notify the applicant to apply to a legal aid institution with jurisdiction;
(2) If the conditions for legal aid are not met, the applicant shall be informed to go to a legal service agency or report to the relevant department.
If a legal aid agency decides not to grant legal aid, it shall notify the parties in writing and explain the reasons.
Article 17 Under any of the following circumstances, a legal aid agency may decide to provide legal aid before reviewing:
(1) the time limit for litigation is about to expire;
(2) The property preservation measures must be taken immediately;
(3) There are other emergency or special circumstances.
If the legal aid agency finds that the application for providing legal aid in advance does not meet the requirements, it shall terminate the legal aid. The expenses incurred by the advance provision of legal aid shall be borne by the parties.
Article 18: Legal aid agencies shall check whether the designated defense notice, a copy of the People's Procuratorate's indictment, the first judgment of the People's Court, and the court's statement of the defendant's compliance with legal aid conditions are complete. If the materials are complete, check the materials within three working days after receiving the materials; if the materials are not complete, notify the people's court to make corrections.
Chapter IV Assistance Procedure
Article 19 Legal aid agencies may assign legal aid cases to legal service agencies or arrange for personnel of legal aid agencies to handle them.
Legal service agencies shall, within three working days after receiving the "Notice of Assignment" from the legal aid agency, determine the contractor and complete the relevant formalities.
Article 20 If a legal service agency considers it inappropriate to undertake the case, it may apply to the legal aid agency for replacement. The legal aid agency considers the reasons to be justified and may assign another.
The litigant believes that legal aid personnel are passive in handling legal aid cases and may apply to the legal aid institution for replacement of legal aid personnel. If the legal aid institution verifies the facts, it shall be replaced.
Article 21 If a legal aid officer finds that a party does not meet the conditions for assistance during the legal aid process, he may report to the legal aid agency for approval to terminate legal aid. If the parties are willing to pay for legal services, they can continue to provide legal services.
Article 22 In the process of handling a criminal legal aid case designated by a people's court for legal aid, if the party finds that the party has separately commissioned a legal service officer, it shall report to the legal aid agency for approval to terminate legal aid.
Chapter V Closing Procedure
Article 23 After the legal aid case is completed, the contractor shall complete the Legal Aid Case (Matter) Closing Report Form, organize the file materials into a book, and the legal service agency shall send the completed legal aid case materials to the law Archived by aid agencies. Dossier materials include notice of assignment, power of attorney agreement, power of attorney, evidence, proxy or defense, judgment or ruling, and mediation.
Article 24 A legal aid agency shall manage and supervise the quality of legal aid cases handled by its personnel, compliance with professional ethics, and professional discipline.
Article 25 Legal aid agencies shall provide subsidies for necessary expenses such as travel expenses, printing expenses, investigation and evidence collection expenses required by the undertaking personnel to handle cases.
Chapter VI Supplementary Provisions
Article 26 These rules shall be implemented from the date of promulgation.