The Justice Department and the Central Military Commission committee recently jointly issued the "measures for the implementation of military dependents legal aid work". Methods a total of twenty-three, to do the work of legal aid, military soldiers safeguard the legitimate rights and interests of the interests of national defense and military dependents, puts forward some practical measures.
In September 2014, the State Council and the Central Military Commission issued "on the further strengthening of military dependents legal aid work opinions" (Guo Fa 2014 No. 37) on the scope of legal aid, military dependents, service methods, both the military and convergence mechanism and funds guarantee system made the stipulation, to further improve the legal aid system of military dependents. "Military dependents" measures for the implementation of legal aid work for a long time especially summarize the successful experience and effective practices for more than a year of exploration around the country issued 2014 Document No. 37, the relevant work to be standardized in the form of systems, is conducive to the implementation of the military responsibility for both work, improve the level of the system of military dependents of legal aid work better. To safeguard the legitimate rights and interests of military dependents.
Do the military legal aid work for the military, national defense and army building services, is an important task of the judicial administrative organs and the relevant departments of the army, is also an important part of civil military integration development. The "measures" to determine both the military cooperation principle, requires the establishment of a sound working mechanism to jointly improve the legal aid work of military dependents.
The "measures" to define the legal aid scope of military dependents, defined the scope of legal aid and military dependents to apply for legal aid shall be exempted from the submitted materials, clear economic difficulties in determining the scope of review staff, for the rights and obligations of the institution of legal aid cases in military dependents.
Military dependents legal aid workstation is an important link of military ties between the two, the "measures" provisions of the workstation set up, the five aspects of the establishment of the workstation shall have office facilities, personnel, funds, system, logo and other conditions, scope of responsibilities and relevant workstation information publicity, letter calls visit registration obligations.
In order to improve the military and local co-ordination, demand for legal aid, the sharing of resources and complementary mechanisms, the "measures" to establish workstation work report system and law duty system, joint meeting system, military personnel training and communication system, the financial security system, evaluation system and other specific provisions.
The measures shall come into force as of September 14, 2016.
A brief introduction to the main content of the "measures"
"Measures" a total of 23, the main contents are the following aspects:
One is to define the legal aid scope of military dependents.A citizen, who is recognized by the Constitution and the military service law, enjoys the special rights conferred by law. The "measures" referred to the military refers to the active Army (police) officers, civilian cadres, soldiers and cadets with military status. At the same time, a clear civilian personnel in the armed forces, non active service personnel, in the preparation of workers, retired personnel management by the army, as well as the implementation of military personnel and other military personnel staff members to treat. The constitution, national defense law provides for military families for the "measures" referred to the dependents refers to the spouse of a soldier, parents, children and other soldiers have close relatives of the relationship between legal support. At the same time, clear the martyrs, because of the expense, the survivors of deceased soldiers by military treatment.
The two is a clear military dependents the scope of legal aid.The State Council's "legal aid regulations" stipulates that all citizens apply for civil and administrative legal aid in one of the most basic cases. The special properties in 2014 Document No. 37, focusing on military dependents and special protection required, will involve multiple military dependents, special care and treatment of marriage and family, personal and property damages, such as the rural land contracting dispute into the scope of legal aid. The provisions of the "measures" once again clear the file about military dependents of legal aid matters, and to military dependents for legal aid, and other provisions for docking, matching, is conducive to the military departments and legal aid agencies to correctly grasp the various aspects of the work, to better safeguard the legitimate rights and interests of military dependents.
Three is the provisions of the procedures for the handling of some of the specific matters.Including military dependents for legal aid should be submitted materials, the application does not need to submit proof of economic hardship "three persons", the channels for application and the application acceptance mechanism, implementation of the "three priority" requirements and special circumstances, as well as the case for legal aid agencies and the military in the process of the relevant departments of the rights and obligations.
Four is to provide the military dependents legal aid workstation settings and the establishment of conditions, the scope of duties and related work system. Military dependents legal aid workstation is a bridge to link both the military and military dependents to do legal aid work plays an important role. The "measures" clear several military dependents legal aid workstation and the focal point of the setting mode; five conditions clearly established workstation should have; clear the workstation five responsibilities. In addition, the establishment of the workstation information publicity, letters and calls to visit the registration, work report and other systems are required.
Five is to provide the system with both the military and the link.The workstation includes: duty system, military dependents legal aid workstation is mainly set up in the military system, because the workstation personnel less and more part-time, so the arrangement of legal aid agencies and lawyers to the station on request. The joint meeting of the military system, joint military civilian meeting is both the military communication and understanding, strengthen cooperation, negotiation and an important platform to solve practical problems, the provisions of the joint meeting of military setting mode and five job duties. Personnel training and communication system, to carry out legal talents construction of military dependents of legal aid work to strengthen the professional, the requirements of both the military and legal aid personnel training, research, business exchanges and other handling. The financial security system, funding is the important condition for the smooth development of the work, the funding policy and the establishment of military dependents special funds for legal aid and other aspects of the requirements of the implementation of the military force. Work evaluation system, in order to promote the work of the implementation of the task, the provisions of the legal aid institutions and personnel to implement the evaluation.
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The editor: Zhao Fengyun
Editor: Ding Lixin Xu Xiaolong