03Evidence A

If you can’t afford legal fees, apply for free legal aid – cases involving unpaid wages, alimony, or workplace injuries all qualify

You can apply for free legal aid to recover wages, claim family maintenance, obtain social insurance or minimum-living benefits, claim work-injury compensation, or seek compensation for losses from acts of civic courage. Call 12348 or visit the local legal aid center. You no longer need to return to your place of origin for a financial-hardship certificate; truthfully explain your situation yourself. Defendants who are minors, have visual, hearing or speech disabilities, or may face life imprisonment or the death penalty must be assigned a lawyer if they have not retained one.

Cost

Zero. Legal aid costs nothing for those who receive it.

Benefit

The State Council regulations list six categories of civil legal aid: claims for state compensation under the…

Cost

Zero. Legal aid costs nothing for those who receive it.

Benefit

The State Council regulations list six categories of civil legal aid: claims for state compensation under the law; social-insurance or minimum-living benefits; pensions or relief funds; maintenance for parents, children or other dependants; labor remuneration; and civil rights arising from acts of civic courage. In everyday terms, these cover state compensation, social benefits, pensions and relief, family maintenance, unpaid wages, and losses from helping others at personal risk. The Legal Aid Law, effective January 1, 2022, expanded the scope to nine categories. Additions cover confirmation of an employment relationship and determination of lack of or limited civil capacity; personal-injury compensation involving work injuries, traffic, food and drugs, or medical accidents; and compensation for environmental pollution or ecological damage. Migrant workers claiming wages or work-injury compensation, and social-assistance recipients, are exempt from financial-hardship checks. Claims arising from acts of civic courage are not subject to the financial-hardship requirement. For criminal cases, Article 25 includes minors; people with visual, hearing or speech disabilities; adults unable to fully recognize their own conduct; and people who may face life imprisonment or the death penalty, among others. If they have not retained defense counsel, the police, procuratorate or court must notify a legal aid agency to appoint a lawyer.

Original sources

国务院 (2003). 法律援助条例(国令第 385 号,第十条、第十一条、第十二条). https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6944.htm;全国人大常委会 (2021). 法律援助法(第二十五、三十一、三十二、四十二条). https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/202504/t20250402_4053713.html;司法部有关负责人 (2021). 就贯彻实施法律援助法答记者问. http://www.gov.cn/zhengce/2021-12/29/content_5665114.htm

Open source link
Book note

The Legal Aid Law took effect on January 1, 2022, introducing one key change: the requirement to submit proof of financial hardship has been removed. Now, a straightforward statement of one’s financial situation suffices – there’s no need to return to one’s hometown for documentation. Access points include local legal aid centers, public legal service hubs, or a call to 12348.

My note