Hainan completes legal aid local regulations to revise legal aid matters to 16 items

The 36th meeting of the Standing Committee of the Sixth National People's Congress of Hainan Province recently voted for the revised "Regulations on Legal Aid of Hainan Province" (hereinafter referred to as the "Regulations"), which will be implemented on July 1. According to reports, this is the second comprehensive revision after the implementation of the "Regulations on the Legal Aid of Hainan Province" from January 1, 2009.

Extensive consultation and suggestions

Since the 18th National Congress of the Communist Party of China, the Party Central Committee and the State Council have made specific deployment of lawsuits to expand the scope of legal aid matters, so that more difficult people can afford a lawsuit, emphasizing that it is necessary to increase legal aid to safeguarding the legal rights and interests of those in need. On August 20, 2021, the 30th meeting of the Standing Committee of the 13th National People's Congress voted for the "Law on the Law of the People's Republic of China".

Legal assistance is the basic and guaranteed work of building a business environment for the establishment of Hainan's free trade port. It is of great significance for serving people's livelihood and promoting social fairness and justice. In order to implement the decision -making and deployment of the Party Central Committee and the State Council, better implement the legal aid law, and ensure that the important people's livelihood project is effectively implemented in Hainan Province. In September 2021, the Hainan Provincial Department of Justice launched the revision of the "Regulations" and established the establishment of the "Regulations" and established it. Investigate the drafting team, carefully study the key difficulties of the revision, and go to 9 cities and counties to conduct investigations, listen to the opinions and suggestions of relevant units and representatives of the masses, learn more about the needs of legal aid, and carefully summarize the practical experience of work. At the same time, refer to the successful experience of other provinces (autonomous regions, municipalities).

Since December 2021, the Hainan Provincial Department of Justice has been soliciting opinions from relevant units and cities and counties in three rounds, and has publicly solicited opinions from the society through Hainan Judicial Administration Network and Hainan Legal Service Network. Combined with relevant opinions, the Hainan Provincial Department of Justice repeatedly studied and revised the draft amendment, and was reviewed and approved by the 98th Executive Meeting of the Hainan Provincial People's Government on March 15, 2022.

Expand the scope to reduce the threshold

The reporter sorted out and found that the revision of the "Regulations" adheres to the legislative ideas of "small incision, small fast spirit". According to the principle of "a game of chess and the same urbanization of the whole island", Hainan uses the unique advantages of Hainan as the trial field of reform and opening up. The mature practices and effective provisions of the aid work are rising into local regulations in a timely manner, and the legal aid system that is compatible with the construction of free trade ports is constructed to promote the high -quality development of legal aid work in the province.

It is worth mentioning that in order to benefit more people, in accordance with relevant laws and regulations such as legal aid law, follow the principles of doing their best and acting, and the revised "Regulations" further expand the scope of legal aid matters, expand civil and administrative, administrative, administrative, administrative, administrative, administrative, administrative, and administrative The scope of legal aid matters is adjusted from the original 14 items to 16 items, which will advocate that the civil rights and interests caused by crops, citizens due to a big marriage or a spouse and a spouse and a victim of others ask for divorce, confirmed or compensated by the request of the inheritance of inheritance, or compensated for compensation. It is new to the scope of legal aid.

In addition, on the basis of the legal aid law, other criminal cases that are applicable to ordinary procedures are applied to criminal cases. If the defendant does not entrust the defender, the people's court will "notify the assignment" to further clarify the "notice and assignment" to achieve the defense of lawyers during the criminal trial stage. Full coverage.

After the revised "Regulations", the new hero martyrs' close relatives to safeguard the personality rights and interests of the heroes, claim relevant civil rights and interests for the act of seeking righteousness, and re -trial reform and judging non -guilty of national compensation. The preferential treatment restricted by economic difficulties or exempting economic difficulties allows more difficult people and eligible other parties to afford a lawsuit and enjoy fairness and justice.

The revised "Regulations" states that the standards of legal aid economic difficulties in Hainan Province have been adjusted from "150%of the minimum living security standards in the place" to "minimum wage standards in the province", and The principle of "implement unified standards in the province's cities and counties to avoid inconvenience caused by the differences between cities and counties to the masses and cover more difficult people.

Optimization service

As an important part of the government's public services, the revised "Regulations" combined with the "Capable Enhancement Construction Year" and deepened the expansion of "checking points, breaking problems, and promoting development" activities. "Starting the point" start, further simplify the application procedures for legal aid, compress the approval time limit, and improve the efficiency of legal aid work.

At the same time, through departmental information sharing inquiries and real -time query instead of relevant certification materials, provide one -time notification and replacement services, and open up the "last mile" of the people of legal aid services. , Legal aid services for running fast.

In accordance with the requirements of the State Council's "decentralization of service" reform, the revised "Regulations" further reduced the convenience. Among them, simplify legal aid application procedures. It only requires the application of legal aid to truthfully explain the economic status and make a personal integrity commitment, and there is no need to submit legal aid economic difficulties for certification materials. Applicants who are not restricted by economic difficulties do not need to provide an economic statement.

The revised "Regulations" shortened the seven days stipulated by the legal aid decision to the legal aid law to five days. The time limit for the time limit of legal aid application decisions that are not restricted by economic difficulties or exempt from economic difficulties is further shortened to two days. At the same time, the time limit for the time limit of timely archives and distribution of cases stipulated in the legal aid law is within 30 days to improve service efficiency within 30 days.

In addition, the rules of the acceptance of legal aid, the handling institutions of major complex cases, and the coordinated processing mechanism for the dispute over the case acceptance provides the applicant to provide clear guidance.Clarify relevant national organs, institutions, and social groups to reduce and exempt relevant costs in accordance with the law, and reduce the cost of rights protection of the people in need.The revised "Regulations" clearly states that the judicial administrative department of the Provincial People's Government shall establish and improve the mobility mechanism of legal service resources across the administrative region in accordance with the relevant departments.If lawyers' resources cannot meet the needs of legal aid work, the judicial administrative department of the Municipal People's Government may negotiate and deploy legal aid in the administrative area of lawyers or apply for the judicial administrative department of the Provincial People's Government.

Article Source 丨 Rule of Law Daily

Reporter 丨 Xing Dongwei Zhai Xiaogong

Correspondent 丨 Chen Yan

Edit 丨 Cao Ke Guo Ao

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