|
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
¢ñ
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
¢ò
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
¢ó
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
¢ô
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. |
|
|
|
ª¥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
¢õ 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
¢ö 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
¢÷ 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. |
