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China Enacts Legal Aid Law

Thu, 23 Sep 2021
Categories: China Legal Trends

The “Legal Aid Law of the People's Republic of China” (中华人民共和国法律援助法) was adopted at the 30th Session of 13th Standing Committee of the National People’s Congress on 20 Aug. 2021. The Legal Aid Law will enter into force on 1 Jan. 2022.

The key takeaways of the Legal Aid Law are highlighted as follows.

Firstly, it is to clarify that the institutions and personnel engaged in legal aid, law firms, primary-level legal service agencies, lawyers and legal service providers at the primary level have the obligation to provide legal aid.

Secondly, it is to broaden the scope of persons who are eligible to apply for legal aid. Under the circumstances where close relatives of heroic martyrs safeguard the personal rights and interests of heroic martyrs, or where people claim civil rights and interests relevant to their righteous and courageous acts, the applications for legal aid will not be restricted by their financial difficulties.

Thirdly, it is to improve the systems or mechanisms governing the cross-regional flow of legal resources according to laws, and to encourage and support lawyers, legal aid volunteers, and others to provide legal aid in regions with insufficient legal resources.

Fourthly, it is to improve the quality of legal services. The legal aid agencies shall provide legal consultancy services by various means such as service counters, telephone, or Internet. If the legal aid agencies /legal aid workers fail to perform their duties according to law, the person subject to the legal aid may make complaints to the judicial administrative department and request the legal aid agency to replace the legal aid worker.

 

 

Cover Photo by XH_S (https://unsplash.com/@xh_s) on Unsplash

Contributors: CJO Staff Contributors Team

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