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The Regulations of Legal Aid Cases’ Quality Control &Payment  

2011-06-07 21:21:15|  分类: legal aid in chi |  标签: |举报 |字号 订阅

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[Blogger notes] In recent years, with the deep development of legal aid in China, judicial administrative organs and legal aid institutions at all levels have been gradually realizing that legal aid quality play a vital role in protecting the right of the vulnerable, and begin to take active measures to control the quality of legal aid services. Certainly, these measures will be improved gradually. The following is measures of legal aid cases’ quality control of Ning xia autonomous region:

 

The Regulations of Legal Aid Cases’ Quality Control &Payment

 of the Ning Xia Autonomous Region

 (“The Regulations”)

 

Chapter 1 General Principles

Article 1 For the purpose of improving legal aid cases’ quality control system, evaluating objectively levels of quality of legal aid cases, rationally establishing legal aid services’ payment standard and ensuring to provide high quality for the vulnerable, the Regulations was formulated on the basis of the Regulations of Legal Aid of the State Council (2003), the Regulations of Legal Aid of the Ning Xia Autonomous Region, and in the light of legal aid practice across the Region.

Article 2 “Legal aid” means that legal aid institutions set up by the governments at or above county level, organize legal services organizations and professionals to provide freely legal advice, representation and other legal services for clients with financial difficult or in special cases.

Legal aid cases shall, within the scope of the Regulation Legal Aid of the State Council (2003), the Regulation Legal Aid of the Ning Xia Autonomous Region and other relevant regulations, be evaluated and remunerated according to the Regulation.   

Article 3 Legal aid cases’ quality evaluation and payment work shall, according to the principle of responsibility divided at different levels, be carried out. The next higher judicial administrative organ shall assume the responsibility of guiding and supervising the next lower judicial administrative organ.

Article 4 the legal aid cases’ evaluation shall be carried out according to cases’ complexity, the average workload required in handling cases of the same kind, cases’ result, social influence, opinions of clients and etc.

Article 5 Legal aid services’ specific payment standard shall be formulated in conformity with principles of individual cases, cases’ quality and the work done.

Chapter 2 Legal Aid Cases’ Quality Criteria

Article 6 The following requirements shall be abided by when dealing with legal aid cases:

(1)The receiving, examining of legal aid application, granting of legal aid and assignment of legal aid providers shall be in accord with relevant requirements.

(2)The legal aid services providers shall lawfully fulfill their obligation, carrying out investigation and interview, preparing documents, bringing about mediation, presenting in court or doing other work necessitated.

(3)The representation/defense arguments are sound and normalized.

(4) The legal aid services providers abide by professional ethnics without illegal activities.

(5) Legal aid cases’ material and documents are collected fully, arranged correctly and filed timely to legal aid institutions granted legal aid.

Article 7 legal aid cases, meeting essential requirements, are divided into three classes according Chapter 1, Article4.  

Article 8 The first class legal aid cases shall fully satisfy the following requirements:

(1) Cases, which handled by legal aid services providers, are those cases suitable for indictment procedure in courts or collegial panel arbitrating procedure in labor dispute arbitration committees.  

(2)The representation/defense arguments are sound, law-using correctly, and adopted fully or most by court.   

(3) Cases, with one of the following characteristics, can be recognized as difficult and complex cases:

One of the parties or both parties involves three or more people;

The total amount of a criminal, civil or administrative case is fifty thousands Yuan RMB or over;

Defendants can be subject to ten years sentences or over, life imprisonment or death penalty.

Case have certain influences locally;

Cases are instructed or referred to by other relevant local authorities or organs and with certain social influences,; 

Ordinary group cases and;

(4) The cases in which lawyers or other practitioners are dutiful; the handling of the cases is satisfactory in the eyes of the clients and achieves good local social effect.

Article 9 The second class legal aid cases shall fully satisfy the following requirements:

(1)The cases are lawsuit cases suitable for summary procedure or labor arbitration cases heard by the sole arbitrator; 

(2)Main defense/representation arguments are adopted by judges/ arbitrator, or the arguments are conformity to fact and law without being adopted by judges/arbitrator;

(3)Cases with the following characteristics can be recognized as the comparatively simply cases:

Both parties are not more than three people;

The total amount of a criminal, civil or administrative case is not more than fifty thousands Yuan RMB;

simple criminal cases;

 (4) The cases in which lawyers or other practitioners carefully fulfilled their duties, the handling of the cases is basically satisfactory in the eyes of the clients.

Article 10 the following belongs to the third class legal aid cases:

(1)The non-lawsuit cases handled by lawyers or grass-rooted legal workers;

(2)The basic civil cases successfully mediated by grass-rooted legal workers;

(3)Notary legal aid cases;

(4)To write legal documents on behalf of the legal aid clients.

Article 11 For complex group cases, it is the responsibility of the Autonomous Region’ Legal Aid Quality Evaluation Committee to review the cases’ quality.

Article 12 The legal aid services with one of the following circumstances, shall be evaluated unqualified:

()the procedures of receiving legal aid application, granting legal aid and that of assigning legal aid practitioners did not conform to the relevant standard;

()the cases handled did not fall within the legal aid scope and relevant requirements;

()the necessary procedures needed to handle a legal aid case are not fully processed;

()the key evidences are not wholly collected and the investigations are not carefully done;

() the clients sustained losses for the legal aid practitioners irresponsible faults, for example, appearing in courts with delay, missed the limitations.   

()did not provided freely legal aid services for the clients;  

()there are unprofessional conducts, such as, refused, delayed or ended the production of legal aid services without reasons;  

()the legal aid cases were assigned to persons without relevant legal certificates;

() the clients or other interest persons brought complaints against the legal aid practitioners, and the authorities investigated, proved the complaints;

() the filing of cases’ documents is not timely, completed and the document-binding is not conform to the relevant requirements.

 

Chart 3 the Legal Aid Cases’ Quality Evaluation and Supervision

  

Article 13 the methods of legal aid cases’ quality evaluation are following:

()hearing debriefs of the organizations reviewed;

()asking the organizations reviewed to respond to the relevant problems connected with the review work;

()examine legal aid cases’ files;

()sit in on the hearings;

()taking opinions from the clients, courts, arbitration committees and other relevant persons/organizations on the legal aid practitioners through paying visits, holding meetings or give out questionnaires and other various ways;  

()check the development of legal aid cases’ handling;

()other examination methods.

Article 14 it is the local judicial administrative organs’ responsibility to evaluate the legal aid cases’ quality.

Article 15 after the filing of legal aid cases, the local judicial administrative organs shall carry out a preliminary evaluation and submit the evaluating results to the higher level judicial administrative organs.

Article 16 the legal aid practitioner can make a complaint against an evaluating result to the higher level judicial administrative organ. The judicial administrative organ shall appoint other reviewers to review the legal aid case and write to the legal aid practitioner within 20 days.

 

Chapter 4 the payment of legal aid cases

 

Article 17 the legal aid payment includes fixed payment for legal aid cases’ costs and extra payment. The fixed payment for legal aid cases’ costs means the necessary expenses of handing legal aid cases, such as, travelling costs, copying costs and communication expenses. The extra payment is the payment for that legal aid lawyers provide legal aid services in lawsuit cases out of their obligatory amounts of dealing with legal aid cases.

The lawyers’ obligatory amounts of dealing with legal aid cases shall be decided by the judicial administrative organ at autonomous region level according to the legal aid demand, the amount and distribution of lawyers.

Article 18 the standards of fixed payment for legal aid cases’ costs are as follows:

()the fixed payment of the first class cases is 800 Yuan RMB per case;

()the fixed payment of the second class cases is 500 Yuan RMB per case;

() the fixed payment of the third class cases is 200 Yuan RMB per case(drafting 5 legal aid documents on behalf of the clients amount to a legal aid case ).

For first and second class cases, the fixed payment will increase by 100 Yuan RMB in the name of travelling costs if legal aid practitioners carry out investigations out of their own districts, and by 200 Yuan RMB if legal aid practitioners carry out investigations out of the autonomous region.

Article 19 if the legal aid cases handled by law firms’ lawyers out of their obligatory amounts of dealing with legal aid cases are evaluated as the first class, the extra payments will increase by 200 Yuan RMB per case.

Article 20 when legal aid staffs handle legal aid cases, there are no remunerations.

Article 21 if legal aid cases are evaluated as major and complicated cases by the Autonomous Region’ Legal Aid Quality Evaluation Committee, the legal aid practitioners will get special payment after the evaluating results are approved by the judicial administrative organ and the financial organ both at the autonomous regional level.

Article 22 for the unqualified legal aid cases, the legal aid institutions shall not give the legal aid payment. The legal aid institutions, which grant the legal aid, shall bear all the costs on their own if the legal aid cases are evaluated as unqualified for the reasons of article 12 ()and(二).

Article 23 if legal aid services are ended in process and it is not the legal aid practitioners’ reasons, the legal aid cases’ handling process shall be divided as preliminary stage and preparatory completion stage, and the legal aid practitioners can get 30% and 50% of legal aid payment individually. If a legal aid practitioner has carried out all necessary work, but the client withdraws the lawsuit or ends the representation relation with the legal aid practitioner for other reasons, the legal aid case shall be regarded as handling fully, and the legal aid practitioner has the right to claim for the legal aid payment.

Article 24 the legal aid special fund from the central and provincial governments is mainly used for disbursing the payment of the first and second class cases. Local governments below the autonomous region level shall bring the legal aid fund into the local budgets and adjust the amount of the legal aid budgets with the development of local economy, and that report the legal aid budgets to the judicial administrative organ for the record.

Article 25 the legal aid cases’ payment shall be distributed quarterly. The judicial administrative organs at county/district level shall submit the materials of legal aid cases handling and classification to the municipal judicial administrative organ (namely, a higher judicial administrative organ) for double-check. The municipal shall check the material in 10 days with the signature of the supervisor. And then, the relevant materials will be submitted to the legal aid administrative division of the judicial administrative organ at the autonomous region level. Finally, the judicial administrative organ and the financial organ both at the autonomous region shall decided the classification of the legal aid cases and approved the legal aid payment.

Article 26 the judicial administrative organ at the autonomous region shall make quarterly a circular of the legal aid payments for the entire autonomous region. Legal aid institutions shall fill in the form of the legal aid payment and be on file for investigation. Judicial administrative organs shall proclaim the lists of legal aid payments internally for one week.

Article 27 the legal aid fund shall be collectively controlled by judicial administrative organs and used for specialized purposed only under the supervision of the financial organs and the audit organs.

Chapter 5 Rewards and Penalties

Article 28 legal services organizations and practitioners that perform very well in dealing with legal aid cases shall be rewarded. The legal services organizations that distinguish themselves in handling legal aid cases shall be used as the reference for choosing excellent legal aid providers.

Article 29 if legal services organizations and practitioners refuse to accept the assignment of legal aid services without good reasons, handle legal aid cases unlawfully, shall be punished according to the Lawyers’ Law, the Legal Aid Regulations of The State Council (2003)and the Legal Aid Regulations of Ning xia Autonomous Regions.

Article 30 the Regulations shall come into force since 1st, January 2009.

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