Legal aid ensures equal treatment under law

Cases covered

The types of cases covered by legal aid can be divided into criminal, civil and administrative cases. In terms of criminal legal aid, there is no limit regarding the types of cases and participants eligible for aid. The suspects, defendants and victims and private prosecutors can all apply for criminal legal aid.

The regulations identify the scope for civil and administrative cases, especially for cases put forth by citizens related to their basic livelihood, including requests for state compensation, social security or income subsidies as well as pensions for the disabled or families of the deceased and relief funds.

According to regulations, authorized governments can make supplementary rules on the scope of legal aid in light of local economic development conditions and needs. Now, compensation for damages in industrial injuries, traffic and medical accidents as well as marriage and family issues involving abuse and abandonment are all included in the supplementary case scope.

Implementation

According to the regulations, legal aid agencies are responsible for accepting and investigating the application of legal aid and accepting defenses designated by judicial authorities. They are also responsible for appointing or arranging staff members to provide legal aid for qualified citizens.

By the end of 2011, China had more than 3,000 legal aid agencies with more than 14,000 staff. In 2011, about 5.33 million persons received legal consultation, about 844,000 cases were processed with legal aid, of which 80 percent are organized and processed by county or district-level legal aid agencies.

According to relevant regulations, citizens can apply to local agencies for legal aid and can get aid after passing an investigation.

The following materials must be submitted in the application - identity cards or other proof of identity, materials proving economic hardship and materials related to the legal aid cases. The agencies should examine the applications from the citizens and provide legal aid if all conditions are met. The applicants can raise an objection if the agencies choose not to accept the case. The agencies should reexamine the applications and make decisions again accordingly.

The legal aid providers designated or arranged to process the legal aid cases includes several kinds of people - lawyers, staff of legal aid agencies, grass-root legal aid service staff and members of social organizations. Legal consultation, agency and defense for criminal cases are the main forms of legal aid now.