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Legal Aid Law of China(2021)

法律援助法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Aug 20, 2021

Effective date Jan 01, 2022

Validity status Valid

Scope of application Nationwide

Topic(s) Legal Profession

Editor(s) Huang Yanling 黄燕玲

Legal Aid Law of the People’s Republic of China was promulgated on 20 Aug. 2021, and entered into force on 1 Jan. 2022.

There are 71 articles in total. The Law aims to regulate and promote legal aid, protect the legitimate rights and interests of citizens and parties concerned, and ensure appropriate implementation of the law.

The key points are as follows:

  1. Law firms, primary-level legal service agencies, lawyers and primary-level legal service workers shall be obligated to provide legal aid in accordance with law. The State encourages and regulates voluntary legal aid services, and supports qualified individuals to serve as legal aid volunteers to provide legal aid in accordance with law.

  2. The legal aid institutions shall provide legal consultancy services through various means such as service windows, telephone or Internet, remind the parties of their right to apply for legal aid in accordance with law, and inform them of the conditions and procedures for applying for legal aid. The people’s courts, the people’s procuratorates, the public security organs and the relevant authorities shall promptly inform the parties concerned of their right to apply for legal aid in accordance with law when handling cases or the relevant matters.

  3. Where there are provisions in the laws of China on legal aid to foreigners and stateless persons, such provisions shall apply; where the laws of China remain silent, the relevant provisions of this Law may be applied mutatis mutandis in accordance with the international treaties concluded or acceded to by China or under the principle of reciprocity.

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