深圳经济特区法律援助办法_法律英语

深圳经济特区法律援助办法

文章来源：文章作者：发布时间：2007-05-26 03:04 字体： [大中小]　进入论坛

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深圳市人民政府令第73号
颁布日期：19980711 　实施日期：19980711 　颁布单位：深圳市人民政府

　　Rules of Shenzhen Special Economic Zone on Legal Aid

　　(Adopted at the 102nd executive meeting of the Second People’s Government of Shenzhen Municipality, Promulgated¹ by Decree No.73 of the People’s Government of Shenzhen Municipality on July 11, 1998)

　　Chapter Ⅰ 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 lawful² rights and interests, these rules are formulated³ 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 qualified⁴ citizens and exempt⁵, reduce or postpone⁶ 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 ethics⁷ and practicing disciplines in providing legal aid.

　　Article 5 The principles of fairness, impartiality⁹, promptitude and effectiveness shall be followed in legal aid.

　　Chapter Ⅱ Institution of Legal Aid

　　Article 6 The Institution of legal aid shall be administrated and supervised by the administrative¹⁰ 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 Ⅲ 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 applicant¹¹, 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 incapable¹² to　afford the counsel fee with capability¹³ or full capability;

　　(3) The reason and basis for his application are authentic¹⁴, and it is necessary to provide him legal aid.

　　Article 10 Anyone, who satisfies the requirements stipulated¹⁵ 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 registration¹⁶ 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 labor¹⁷ 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 defender¹⁸ of criminal defendant¹⁹;

　　(2) serving as the agent of the party of arbitration²⁰ case;

　　(3) acting²¹ 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 trademark²², shall not be granted legal aid.

　　Chapter Ⅳ 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 guardian²³ 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 impartial⁸ 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 Entrustment²⁵ 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 supervision²⁶ of the institution of legal aid when providing legal aid, and shall not terminate legal aid or entrust²⁴ 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 illicit²⁷ 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.

　　?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 preservation²⁸ measures or preservative²⁹ measures in litigation immediately;

　　(3) it may result in social confusion or cause adverse³⁰ 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 expenditures³¹.

　　Chapter Ⅴ 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 specially³² used for the affairs of legal aid and shall not be embezzled³³ for other purpose. The use of the capital of legal aid shall be under the supervision of the departments of finance and auditing³⁴.

　　Article 27 The institution of legal aid shall pay some subsidy³⁵ to the lawyer undertaking³⁶ legal aid, which shall be disbursed³⁷ from the capital of legal aid. The standard of subsidy shall be determined³⁸ by the municipal administrative department of justice.

　　Chapter Ⅵ 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 judicial³⁹ organ.

　　Chapter Ⅶ Supplementary⁴⁰ Provisions

　　Article 32 The administrative rules on public lawyers shall be enacted⁴¹ separately by the municipal government.

　　Article 33 These rules shall go into effect as of the date of promulgation⁴².

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1 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

2 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

3 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

4 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

5 exempt
adj.免除的；v.使免除；n.免税者，被免除义务者
参考例句：
These goods are exempt from customs duties.这些货物免征关税。 He is exempt from punishment about this thing.关于此事对他已免于处分。

6 postpone
v.延期，推迟
参考例句：
I shall postpone making a decision till I learn full particulars.在未获悉详情之前我得从缓作出决定。 She decided to postpone the converastion for that evening.她决定当天晚上把谈话搁一搁。

7 ethics
n.伦理学；伦理观，道德标准
参考例句：
The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。 Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

8 impartial
adj.(in,to)公正的，无偏见的
参考例句：
He gave an impartial view of the state of affairs in Ireland.他对爱尔兰的事态发表了公正的看法。 Careers officers offer impartial advice to all pupils.就业指导员向所有学生提供公正无私的建议。

9 impartiality
n. 公平, 无私, 不偏
参考例句：
He shows impartiality and detachment. 他表现得不偏不倚，超然事外。 Impartiality is essential to a judge. 公平是当法官所必需的。

10 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

11 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

12 incapable
adj.无能力的，不能做某事的
参考例句：
He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。 Computers are incapable of creative thought.计算机不会创造性地思维。

13 capability
n.能力；才能；(pl)可发展的能力或特性等
参考例句：
She has the capability to become a very fine actress.她有潜力成为杰出演员。 Organizing a whole department is beyond his capability.组织整个部门是他能力以外的事。

14 authentic
a.真的，真正的；可靠的，可信的，有根据的
参考例句：
This is an authentic news report. We can depend on it. 这是篇可靠的新闻报道, 我们相信它。 Autumn is also the authentic season of renewal. 秋天才是真正的除旧布新的季节。

15 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

16 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

17 labor
n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦
参考例句：
We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。 He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

18 defender
n.保卫者，拥护者，辩护人
参考例句：
He shouldered off a defender and shot at goal.他用肩膀挡开防守队员，然后射门。 The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。

19 defendant
n.被告；adj.处于被告地位的
参考例句：
The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。 The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

20 arbitration
n.调停，仲裁
参考例句：
The wage disagreement is under arbitration.工资纠纷正在仲裁中。 Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。

21 acting
n.演戏，行为，假装；adj.代理的，临时的，演出用的
参考例句：
Ignore her,she's just acting.别理她，她只是假装的。 During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

22 trademark
n.商标；特征；vt.注册的…商标
参考例句：
The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。 The trademark of the pen was changed.这钢笔的商标改了。

23 guardian
n.监护人；守卫者，保护者
参考例句：
The form must be signed by the child's parents or guardian. 这张表格须由孩子的家长或监护人签字。 The press is a guardian of the public weal. 报刊是公共福利的卫护者。

24 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

25 entrustment
[法]委托
参考例句：
The term of entrustment is divided into one-day five-day validity. 委托期限分为当日有效和五日有效。来自互联网 Chapter three discusses the bureaucratic group and the congressional entrustment of legislation. 第三章讨论官僚集团与国会立法权的委托。来自互联网

26 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

27 illicit
adj.非法的，禁止的，不正当的
参考例句：
He had an illicit association with Jane.他和简曾有过不正当关系。 Seizures of illicit drugs have increased by 30% this year.今年违禁药品的扣押增长了30%。

28 preservation
n.保护，维护，保存，保留，保持
参考例句：
The police are responsible for the preservation of law and order.警察负责维持法律与秩序。 The picture is in an excellent state of preservation.这幅画保存得极为完好。

29 preservative
n.防腐剂；防腐料；保护料；预防药
参考例句：
New timber should be treated with a preservative.新采的圆木应进行防腐处理。 Salt is a common food preservative.盐是一种常用的食物防腐剂。

30 adverse
adj.不利的；有害的；敌对的，不友好的
参考例句：
He is adverse to going abroad.他反对出国。 The improper use of medicine could lead to severe adverse reactions.用药不当会产生严重的不良反应。

31 expenditures
n.花费( expenditure的名词复数 )；使用；（尤指金钱的）支出额；（精力、时间、材料等的）耗费
参考例句：
We have overspent.We'll have to let up our expenditures next month. 我们已经超支了，下个月一定得节约开支。来自《简明英汉词典》 The pension includes an allowance of fifty pounds for traffic expenditures. 年金中包括50镑交通费补贴。来自《简明英汉词典》

32 specially
adv.特定地；特殊地；明确地
参考例句：
They are specially packaged so that they stack easily.它们经过特别包装以便于堆放。 The machine was designed specially for demolishing old buildings.这种机器是专为拆毁旧楼房而设计的。

33 embezzled
v.贪污，盗用（公款）( embezzle的过去式和过去分词 )
参考例句：
The clerk embezzled a thousand pounds from the bank where he worked. 那个职员在他工作的银行里贪污了一千英镑。来自《简明英汉词典》 The cashier embezzled ＄ 50,000 from the bank. 出纳员盗用了银行5万美元。来自《现代汉英综合大词典》

34 auditing
n.审计，查账，决算
参考例句：
Auditing standards are the rules governing how an audit is performed.收支检查标准是规则统治一个稽核如何被运行。 The auditing services market is dominated by a few large accounting firms.审计服务市场被几家大型会计公司独占了。

35 subsidy
n.补助金，津贴
参考例句：
The university will receive a subsidy for research in artificial intelligence.那个大学将得到一笔人工智能研究的补助费。 The living subsidy for senior expert's family is included in the remuneration.报酬已包含高级专家家人的生活补贴。

36 undertaking
n.保证，许诺，事业
参考例句：
He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。 He is too timid to venture upon an undertaking.他太胆小，不敢从事任何事业。

37 disbursed
v.支出，付出( disburse的过去式和过去分词 )
参考例句：
In the 2000—2008 school year, $426.5 million was disbursed to 349085 students. 2000至2008学年，共有349085名学生获发津贴，总额达4.265亿元。来自《简明英汉词典》 The bank has disbursed over $350m for the project. 银行已经为这个项目支付了超过3.5亿美元。来自辞典例句

38 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

39 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

40 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

41 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

42 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

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