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On November 19, 2013, the Ministry of Justice issued the "Handling Measures for Legal Aid Complaints" under the Department's Fatong [2013] No. 161. The "Measures" have a total of 21 articles and will be implemented as of January 1, 2014.

Legal aid complaint handling measures

Chinese name: Legal aid complaint handling measures
Execution time: January 1, 2014

Issuing unit: Ministry of Justice
Issue time: November 19, 2013

Notice of the Ministry of Justice on Printing and Distributing the "Measures for Handling Legal Aid Complaints" Si Fa Tong [2013] No. 161

Provinces, autonomous regions, and municipalities

The first is the norm

Legal aid complaint handling measures improve the quality of processing

Legal aid is an important task in safeguarding the legitimate rights and interests of the people in need. The "Decision" adopted by the Third Plenary Session of the 18th Central Committee of the Party explicitly proposed that the legal aid system should be improved, which should include standardizing the handling of legal aid complaints. The main purpose of formulating this method is threefold: First, the need to implement the measures related to the party's mass line education and practice activities. The process of handling complaints seriously is also a process of listening to the voices of the masses, guiding the masses to help them solve problems, and keeping close contact with the masses, which is conducive to strengthening the judicial administrative organs' awareness of serving the masses and improving their ability and level of service. The second is the need to fully protect the legitimate rights and interests of the parties. Clarifying the rights and obligations of the parties, unblocking the channels for complaints, and regulating the behavior of complaints, in essence, respect, protect and realize the rights of the parties to file complaints in accordance with the law, which is conducive to better safeguarding the parties' legitimate rights and interests. The third is the need to strengthen the supervision and management of legal aid. Complaint handling is an important channel for judicial administrative organs to supervise and manage legal aid activities, which is conducive to standardizing legal aid service behaviors, improving the quality of legal aid handling cases, ensuring that legal aid agencies and personnel perform their duties in accordance with the law, promoting the correct implementation of the law, and striving for The masses feel fairness and justice in every legal aid case.

In recent years, judicial administrative organs at all levels have basically established a legal aid complaint handling system, which has opened channels for complaints by publicizing complaint addresses, setting up complaint telephone numbers, and email addresses. Handle complaints seriously, actively organize investigation and verification, and properly handle issues in accordance with law. However, there are also some shortcomings, mainly due to inconsistent regulations on the complainant's qualifications and their rights and obligations, the conditions for accepting complaints and the scope of complaint matters, procedures for handling, relief channels, etc., leading to inconsistent practices; some complaints are not standardized, The existence of "multiple inputs for one incident" and repeated acceptance by different departments affect the quality and efficiency of complaint processing, and it is necessary to standardize the handling of legal aid complaints. On the basis of in-depth investigation and research and summing up practical experience in various places, we have worked out and formulated methods.

The measures define the concept of legal aid complaints, clarify the qualifications and rights and obligations of the complainant and the respondent, the principles that should be followed in handling complaints, the conditions for complaints, and the scope of the complaint matters; it regulates the conduct of complaints and the handling of judicial administrative organs Procedures, the form of liability that the respondent should bear in violation of laws and regulations, and the relief channels for dissatisfaction. ^[3-4]

Legal aid complaint handling measures to protect complainants' rights

First of all, it is required to open channels for complaints, and clarify that the judicial administrative organs should disclose to the society the address, telephone, fax, e-mail address, scope of complaints, and procedures for handling complaints. Secondly, it specifies the procedures for registration of complaints, acceptance of complaints, handling of complaints, and responses. For example, if an oral complaint is filed, the basic information, complaint request, main facts, reasons and time of the complainant shall be recorded on the spot; after receiving the complaint, the legal aid complaint registration form shall be completed and whether to accept it within 5 working days After receiving the complaint, it should be investigated and verified in a timely manner, and it should generally be completed within 45 days. Within 5 working days from the date of the decision to handle the complaint, a complaint response letter should be sent to the complainant. The obligation of the judicial administrative organ is the right of the complainant, which not only reflects the respect for the complainant, but also guides the complainant to know the law, abide by the law, and carry out the complaint activities in an orderly manner according to law.

In accordance with the principle of unity of rights and obligations, the measures also stipulate the obligations of the complainant. For example, a complaint should be written in the form of a letter, fax or e-mail; the complaint should be truthful and the responsibility for the authenticity of the materials provided; In case of a complaint, a power of attorney should be submitted to the judicial administrative organ, and the power of attorney should be stated. The requirement to file a complaint should be in written form, which is an important guide because: First, from the perspective of actual work, as long as the complainant states the main situation and contact information when it is submitted in writing, the judicial administration can make a general judgment and deal with it according to law. For complaints that require inquiry and verification, the complainant will also be contacted in a timely manner. Whether the complainant personally lodged a complaint with the judicial administrative organ has little impact on the handling of the complaint. The second is to provide original evidence materials for the acceptance and handling of complaints in written form. The written materials provided by the complainant are not only helpful for the judicial administrative organ to grasp the relevant situation, but also an important original written evidence in the entire procedure of handling the complaint. Third, it is convenient for the complainant to save the cost of complaint activities, and it is convenient to handle the complaint matters, which saves the processing cost. ^[3-4]

Legal aid complaint handling measures accepted

The measures clearly stipulate that upon receipt of a complaint, the judicial administrative organ shall fill in a legal aid complaint registration form, and make a decision on whether to accept it within the prescribed working day. That is to say, after receiving the complaint, the judicial administrative organ will register it regardless of its source or whether it is within the scope of its acceptance. This stipulation not only considers that the original registration needs to be further standardized and strengthened, but also considers that registration is of fundamental significance to the entire complaint handling process, reflecting the seriousness of the complaint behavior and the judicial administration's responsibility for the complaint. Attitude.

Generally speaking, after the complainant raises the complaint, it does not mean that the acceptance procedure is necessarily started, but it is decided after the review to accept it. Therefore, examining whether the matters raised by the complainant meet the acceptance conditions and whether they fall into the scope of acceptance has become a key link before acceptance. The measures have changed the unreasonable practice of accepting receipts in full in some areas in the past, and made restrictive requirements on the conditions for complaints and the scope of acceptance of complaints, requiring the following conditions to be met: the subject of the complainant's subject; The complainant and the complaint request have specific facts and reasons for the complaint; fall within the jurisdiction of this organ; fall within the scope of the complaint matters stipulated in these Measures. The scope of matters that can be complained include: First, the legal aid acceptance and review matters are violated, or the legal aid personnel are assigned or arranged in violation of the regulations; second, after the legal aid personnel accepts the assignment or arrangement, they perform lazily or stop performing legal aid duties without authorization. The third is to collect property in handling legal aid cases. In addition to these three types of situations, the measures include other cases of violations of the legal aid management regulations. The specific analysis of specific situations is convenient for local judicial administrative organs to flexibly grasp according to the actual situation. ^[3-4]

Measures for Handling Legal Aid Complaints

The first is to require investigation and verification. Conducting a comprehensive, objective and impartial investigation is the basic requirement of the principle of administrative fairness.It can prevent the handling agency from making a simple written review of the complaint and making a hasty decision, which is conducive to urging the handling agency to seek truth from facts and responsible investigation. Facts, safeguard the legitimate rights and interests of the complainant. Among them, asking the respondent to explain the situation and submit relevant materials is not only a way of investigation, but also a procedural provision that provides the respondent with an opportunity to claim their rights and protect their legitimate rights and interests. The second is to deal with it based on the results of the investigation. It is clear that for the respondent's violations of laws and regulations, different forms of responsibility should be given by the relevant departments according to the nature of the acts, the circumstances and the degree of harm, and according to their duties. The third is to require the complainant to be sent a written decision to the complainant. Such a provision is conducive to the complainant's supervision of the handling agency and reduces the randomness of handling the complaint. It is also conducive to safeguarding the complainant's legitimate rights and interests and facilitates the complainant to determine the next step to seek relief in a timely manner. The fourth is to clarify the channels for the complainant's rights relief. It is stipulated that if the complainant is not satisfied with the response, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. ^[3-4]

Legal aid complaint handling measures implementation measures requirements

It is an important task for legal aid to implement measures carefully and handle complaints well. Judicial administrative organs at all levels must fully understand the importance of implementation methods, and grasp them as an important measure to implement the spirit of the Third Plenary Session of the 18th Central Committee of the Party and consolidate and deepen the results of the party's mass line education practice activities. The complaint concerns the rights and interests of the parties and the image and reputation of legal aid agencies and personnel. Those who are specifically engaged in this work must not only insist on doing things according to law, but also have the masses in their hearts and do their work with deep affection for the people. In the process of handling, we must be responsible to the masses, be serious, be meticulous, and ensure that every complaint is handled objectively and fairly without any errors. It is necessary to implement work responsibilities, strengthen supervision and inspection, insist that any mistakes must be corrected, and find that there are violations of laws and disciplines in the handling of complaints, and they must be corrected in a timely manner. It is necessary to improve the complaint handling mechanism, conscientiously summarize experience, and constantly improve the work system and measures in all links to improve work efficiency. Judicial administrative organs at all levels should be good at finding problems from the complaints of the masses, and learn from each other, continuously strengthen and improve their work style, and strive to increase the people's satisfaction with legal aid. ^[3-4]