| Notice of the Ministry of Justice and the Ministry of Finance on Issuing the Opinions on the Provision of Legal Aid by Lawyers | | 司法部、财政部印发《关于律师开展法律援助工作的意见》的通知 |
| The justice departments (bureaus) and finance departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; and the Justice Bureau and the Finance Bureau of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市司法厅（局）、财政厅（局），新疆生产建设兵团司法局、财务局： |
| The Opinions on the Provision of Legal Aid by Lawyers are hereby issued to you for your conscientious implementation in light of your actual circumstances. | | 现将《关于律师开展法律援助工作的意见》印发你们，请结合实际认真贯彻执行。 |
| Ministry of Justice | | 司法部 |
| Ministry of Finance | | 财政部 |
| February 17, 2017 | | 2017年2月17日 |
| Opinions on the Provision of Legal Aid by Lawyers | | 关于律师开展法律援助工作的意见 |
| For purposes of implementing in depth the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee and the spirit of the Opinions on Improving the Legal Aid System (No. 37 [2015], General Office of the CPC Central Committee) issued by the General Office of the CPC Central Committee and the General Office of the State Council, making full use of the role of lawyers in legal aid, and better satisfying the need of the people for legal aid, the following opinions on the provision of legal aid by lawyers are hereby offered. | | 为深入贯彻落实党的十八大和十八届三中、四中、五中、六中全会精神，贯彻落实中办国办印发的《关于完善法律援助制度的意见》（中办发[2015]37号）文件精神，充分发挥律师在法律援助工作中的作用，更好地满足人民群众法律援助需求，现就律师开展法律援助工作提出如下意见。 |
| I. Fully understanding the great significance of lawyers' provision of legal aid | | 一、充分认识律师开展法律援助工作的重要意义 |
| The lawyers team is an important force to implement the basic strategy of the rule of law and build a socialist country under the rule of law as well as a principal force in China's legal aid cause. Over recent years, lawyers have been vigorously devoted to the legal aid cause, conscientiously handled legal aid cases, performed their duties in accordance with the law, make their contributions selflessly, and vigorously contributed a part to protecting the lawful rights and interests of the disadvantaged people and maintaining social fairness and justice. Advancing the provision of legal aid by lawyers is a necessary requirement of comprehensively implementing the rule of law and making effective use of the role of lawyers in building a socialist country under the rule of law, an objective need to provide people with more legal aid and high-quality, efficient legal aid services, and an important reflection of lawyers' loyal performance of their duties and the missions of the socialist legal workers and to develop a positive industrial image. The administrative authorities of justice at all levels shall fully recognize the importance of the provision of legal aid by lawyers, adopt effective measures, enhance guidance and supervision, improve the systems and mechanisms, strengthen work guarantee, and organize and guide lawyers in performing their statutory duties in accordance with the law, firmly developing the concept of practicing for the people, voluntarily assuming social responsibilities, effectively improving the sense of responsibility and honor for providing legal aid, further effectively providing services to the people, and making new contributions to the comprehensive rule of law and building a socialist country of the rule of law. | | 律师队伍是落实依法治国基本方略、建设社会主义法治国家的重要力量，是我国法律援助事业的主体力量。近年来，广大律师积极投身法律援助事业，认真办理法律援助案件，依法履责，无私奉献，为保障困难群众合法权益、维护社会公平正义作出了积极贡献。推进律师开展法律援助工作，是贯彻全面依法治国、有效发挥律师在建设社会主义法治国家中作用的必然要求，是加大法律援助服务群众力度、提供优质高效法律援助服务的客观需要，是广大律师忠诚履行社会主义法律工作者职责使命、树立行业良好形象的重要体现。各级司法行政机关要充分认识律师开展法律援助工作的重要性，采取有效措施，加强指导监督，完善体制机制，强化工作保障，组织引导广大律师依法履行法定职责，牢固树立执业为民理念，自觉承担社会责任，切实增强开展法律援助工作的责任感和荣誉感，进一步做好服务群众工作，为全面依法治国、建设社会主义法治国家作出新贡献。 |
| II. Organizing lawyers to vigorously provide legal aid | | 二、组织律师积极开展法律援助工作 |
| (1) Effective assigning criminal legal aid. The revised Criminal Procedure Law and relevant supporting documents shall be strictly implemented, lawyers shall be organized to effectively interview clients, consult case files, make investigations and collect evidence, attend court proceedings, etc. Legal aid shall be conscientiously provided to cases at all phases, such as criminal investigation, examination, prosecution and trial. | | 1.做好刑事法律援助指派工作。严格贯彻落实修改后《刑事诉讼法》及相关配套文件，组织律师做好会见、阅卷、调查取证、庭审等工作，认真办理侦查、审查起诉、审判各阶段法律援助案件。 |
| (2) Providing more legal aid in the field of people's life. Lawyers shall be organized to provide litigation and non-litigation representation to qualified financially disadvantaged people in a timely manner, centering on the matters of people's life, such as work guarantee, marriage and family, food and drugs, education and medical care, etc., and promote the resolution of problems in the aspects of basic life and work. | | 2.加大民生领域法律援助力度。组织律师围绕劳动保障、婚姻家庭、食品药品、教育医疗等民生事项，及时为符合条件的困难群众提供诉讼和非诉讼代理，促进解决基本生产生活方面的问题。 |
| (3) Providing consultant services. Lawyers shall be arranged in priority to be on duty at legal aid public convenience service windows and "12348" legal service hot line, make use of their expertise and advantages to offer consultant opinions to the people, vigorously provide legal information and help, guide the people in expressing their reasonable appeals in accordance with the law, and raise people's awareness of the rule of law. | | 3.广泛开展咨询服务。优先安排律师在法律援助便民服务窗口和“12348”法律服务热线值班，运用自身专业特长为群众提供咨询意见，积极提供法律信息和帮助，引导群众依法表达合理诉求，提高群众法治意识。 |
| (4) Representing clients in appeals. Anyone who refuses to accept an effective judgment or decision rendered or made by a judiciary or cannot afford to retain a lawyer shall be included in the scope of legal aid, and lawyers shall be guided in representing the financially disadvantaged people to appeal through legal aid. | | 4.开展申诉案件代理工作。逐步将不服司法机关生效裁判、决定，聘不起律师的申诉人纳入法律援助范围，引导律师为经济困难申诉人通过法律援助代理申诉。 |
| (5) Establishing an on-duty legal aid lawyer system. Legal aid institutions shall, by assigning and stationing lawyers in detention houses and the people's courts, provide legal aid to criminal suspects and defendants, among others. | | 5.建立法律援助值班律师制度。法律援助机构通过在人民法院、看守所派驻值班律师，依法为犯罪嫌疑人、被告人等提供法律咨询等法律帮助。 |
| (6) Advancing the participation of legal aid in quick trial of criminal cases, pleading guilty for lenient punishment and the reform of the litigation system. Lawyers shall be organized and guided in providing legal advice, procedual choice and other legal help to suspects of crimes and defendants in quick trials, pleading guilty for lenient punishment and other litigation reforms. | | 6.推进法律援助参与刑事案件速裁程序、认罪认罚从宽等诉讼制度改革工作。组织引导律师为速裁程序、认罪认罚从宽以及其他诉讼改革程序犯罪嫌疑人、被告人提供法律咨询、程序选择等法律帮助。 |
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