What Is Need-Based Financial Aid?

Since the implementation of the "People's Mind Project" for legal aid, financial departments at all levels have continuously increased their legal aid funding, providing a strong financial guarantee for the implementation of legal aid work in our city, and ensuring that legal aid work is in the service of people's livelihood and safe Chongqing Effective play of functions.

Opinions on Further Strengthening the Guarantee of Legal Aid Funds

Right!

Since the implementation of the "People's Mind Project" for legal aid, financial departments at all levels have continuously increased their legal aid funding, providing a strong financial guarantee for the implementation of legal aid work in our city, and ensuring that legal aid work is in the service of people's livelihood and safe Chongqing Effective play of functions.

In order to better meet the needs of people in need for legal aid, to protect and improve people's livelihood, and to provide stronger financial guarantees for the realization of the target and task of legal aid and assistance and superior aid during the Twelfth Five-Year Plan period, legal aid is now further strengthened and improved. Fund guarantee mechanism, effectively do a good job in the supervision and management of the use of legal aid funds, give full play to the benefits of the use of funds and put forward the following opinions: ^[1]

I. Attach great importance to the guarantee of legal aid funds

Funding for legal aid is the basic condition for legal aid agencies to perform their duties, and it is an important guarantee for people with financial difficulties to obtain legal aid. In recent years, with the implementation of political and legal funding safeguard measures, the central and local fiscal investment in legal aid has increased year by year, and the level of legal aid funding has continued to increase, which has effectively met the needs of people in need of legal aid, but there are also funding guarantees. Inadequate mechanisms, inadequate matching funds for districts and counties, and irregular use of funds management have affected the development of legal aid. Therefore, in order to do a good job in securing funds, improve the mechanism for guaranteeing funds, effectively fulfill the duties of legal aid, ensure the quality and efficiency of legal aid services, ensure that the team of legal aid institutions meet the needs of legal aid work, and promote the fast and rapid legal aid cause in our city For sound and healthy development, all district and county financial departments and judicial administrative departments must attach great importance to the legal aid funding guarantee work, effectively perform their respective functions, establish and improve funding guarantee mechanisms, establish and improve funding management systems and supervision mechanisms, implement supervision responsibilities, and strive to make full use of funds. Maximum benefit.

Second, further strengthen the legal aid funding guarantee

(1) Scientific and reasonable preparation of budgets. The judicial administrative departments of all districts and counties shall scientifically calculate the amount of legal aid requirements, expenditures for handling cases, and funds for legal aid propaganda, personnel training, and business equipment construction in the region, and scientifically and reasonably prepare the annual legal aid budget. At the same time, the financial department shall conduct in-depth investigations and investigations into the guarantee of legal aid funds, innovate working ideas, and guide and promote the judicial administration to prepare scientific and reasonable budgets in accordance with financial budget management procedures.

2. Readjusting the subsidy method for legal aid cases. According to the requirements of the municipal government, starting from 2012, the "Opinions on Strengthening the Management and Funding Guarantee of District-County (Autonomous County) Legal Aid Institutions" (Yubanfa [2007] No. 45) and the "Opinions on Further Strengthening Legal Aid Work "(Chongqing Commission Office Development [2009] No. 7) adjusted the proportion of the city, district and county fiscal grading burden. That is: according to the subsidy standard of 1,100 yuan in one case, the share of the city, district and county should be readjusted. 9 cities in the main city, 20% of the city's financial commitments, 80% of the district / county's financial commitments; two wing districts and counties, 70% of the city's financial commitments, and 30% of the district / county financial commitments; other districts, 50% of city financial commitments, and 50% of district / county financial commitments %.

(3) Special release and special account management. The financial departments of cities, districts and counties (autonomous counties) shall provide legal aid to case handling subsidies in the form of special funds, and shall not be packaged with other business fees. The judicial administrative department shall establish a special account for the legal aid case handling subsidies to ensure that the special funds are used exclusively. The financial department shall, according to the actual needs of legal aid work, arrange funds for legal aid work to ensure the smooth development of legal aid work.

(4) Gradually establish a dynamic adjustment mechanism for funding. The Municipal Judicial Bureau and the Municipal Finance Bureau will conduct investigations and calculations on the legal aid case handling costs in a timely manner. Based on this, they will propose to the municipal government adjustment standards and establish a dynamic adjustment mechanism with the social and economic development.

3. Further strengthening the supervision, management and use of legal aid funds

The legal aid agencies of all districts and counties shall strictly comply with the relevant provisions of the "Interim Measures for the Administration of Special Funds for the Subvention of Local Legal Aid in Central Subsidies" issued by the Ministry of Justice (Finance [2005] No. 191). The Circular of Chongqing Municipality on Legal Aid Case Subsidy Standards (Yu Siban [2006] No. 161) and the Provisions of Chongqing Municipality on Legal Aid Case Calculation Fund Payment Methods (Yu Siban [2010] No. 128) stipulated in the prescribed scope, Expend legal aid funds in accordance with prescribed standards, and timely and fully provide case handling subsidies.

Judicial administrative organs at all levels shall, in conjunction with finance and auditing departments at the same level, strengthen the supervision and inspection of the guarantee, management and use of legal aid funds. Establish and improve supervision and inspection mechanisms in accordance with the requirements of relevant laws, regulations and financial systems. Legal aid agencies at all levels shall establish an annual reporting system for the guarantee, management and use of legal aid funds, report the guarantee, management and use of funds to the judicial administrative organs and financial departments at the same level every year, and publicize their annual budget and implementation of legal aid funds to the public. And expenditures, subject to social supervision.

The judicial administrative organ shall, in conjunction with the financial department, carry out special inspections and annual evaluations on the protection, management and use of legal aid funds. Units with good fund guarantee, management and effective use shall be commended and rewarded. Units with inadequate funding guarantees and problems in management and use shall be deducted from transfer payment funds, and be instructed to promptly correct and propose rectification measures, while warning or reporting. For institutions and individuals that fail to perform their duties, abuse their powers, cause serious consequences or violate the regulations, use, withhold, embezzle, misappropriate or privately allocate funds for legal aid, the judicial administrative organs should investigate their responsibilities in accordance with relevant regulations, and if they constitute a crime, they shall be transferred to justice Organs hold criminal responsibility. ^[1]