In order to implement the requirements of the Guiding Opinions of the Ministry of Justice and the Ministry of Finance on Improving the Subsidy Standard of Legal Aid (Sifatong [2019] No.27), improve the use and management of legal aid funds in our province, promote the healthy development of legal aid in our province, and better meet the people's needs for legal aid. According to the deployment requirements of Opinions on Improving the Legal Aid System (General Office of the General Office of the Central Committee of the CPC and the State Council [2015] No.37), Regulations on Legal Aid in Shandong Province and Implementation Opinions on Improving the Legal Aid System (General Office of the Provincial Party Committee and General Office of the Provincial Government [2016] No.7),

First, improve the political stance and enhance the sense of responsibility.

Formulating and perfecting legal aid subsidy standards is an important means to fully mobilize the enthusiasm of social lawyers and other legal aid contractors to participate in legal aid work, which is related to the healthy development of legal aid. Judicial administrative and financial departments at all levels should earnestly improve their political stance, enhance their sense of responsibility, strictly implement the relevant provisions of legal aid, and formulate the subsidy standards for legal aid at the same level by the judicial administrative department at the same level in conjunction with the local financial department according to the different service forms of legal aid and the local economic and social development level, and in accordance with the principle of clear responsibility and itemized accounting. Finance at all levels should include legal aid funds in the financial budget at the same level, and judicial administrative departments and legal aid institutions should explore the establishment of legal aid funds and legal aid lottery public welfare fund projects, and actively strive for donations from all walks of life to legal aid undertakings. All levels and relevant departments should earnestly perform their duties, strengthen supervision and management, and urge legal aid institutions to pay legal aid subsidies in full and on time in strict accordance with the prescribed standards, and shall not intercept or misappropriate them to ensure earmarking.

Two, improve the subsidy standards, standardize the distribution work.

(A) the scope of legal aid subsidies

Legal aid subsidy refers to the expenses paid by legal aid institutions to social lawyers, grassroots legal service workers, social organization personnel and other legal aid contractors in accordance with regulations.

(two) the form of legal aid services and their subsidy standards.

According to the different forms of legal aid services, it can be divided into case handling subsidies, duty lawyers' duty subsidies, legal consultation subsidies, and legal aid subsidies for cases of confession and punishment.

1. The subsidy standard for handling cases refers to the subsidy standard for handling civil, criminal, administrative agency or legal aid cases such as wage arrears and work-related injuries of migrant workers. Subsidies for handling cases should be calculated on a case-by-case basis. If the same matter is in different stages of litigation, each stage shall be calculated separately.

2 duty lawyer duty subsidy standard refers to the legal aid agencies stationed in the people's courts, people's procuratorates, detention centers and other units of the lawyer on duty. And provide legal advice, transfer legal aid applications and other legal assistance to criminal suspects and criminal defendants without defenders. The subsidy standard is calculated according to working days.

3. The subsidy standard for legal consultation refers to the subsidy standard allocated by legal aid institutions to provide reception, telephone answering and online consultation services. The subsidy standard is calculated according to working days.

4. The standard of legal aid subsidy for cases of confession and punishment refers to the standard of legal aid provided by lawyers on duty for criminal suspects and defendants in cases of confession and punishment. According to the actual situation, it is calculated by piece or working day.

5. Subsidies for legal aid matters in other service forms stipulated by local legal aid laws and regulations shall be determined by local governments in light of the actual situation and with reference to the above measures.

(3) the composition of legal aid subsidies

Legal aid subsidies generally consist of direct costs and basic labor costs.

1. Direct expenses refer to expenses incurred in handling legal aid matters, such as travel expenses, post and telecommunications expenses, printing expenses, investigation and evidence collection expenses, legal document drafting expenses, translation fees, notarization fees, appraisal fees and other factors. The standards of inter-city transportation and accommodation included in the travel expenses are implemented with reference to the relevant standards of financial travel expenses at the same level, and the transportation expenses in the city are calculated according to the actual number of days of handling cases. Posts and telecommunications fees, printing fees, investigation and evidence collection fees, drafting legal documents, etc. Determined by all localities according to the actual situation; Translation fees, notarization fees and appraisal fees shall be arranged after verification by legal aid institutions.

2. The basic labor cost is determined according to the average daily salary and service days of local employees in the previous year. Among them, the average daily wage refers to the average annual wage of local employees in the previous year divided by the number of working days or a certain coefficient.

(4) Handling of special circumstances

1. In the same legal aid case, if the legal aid contractor represents more than two recipients, the amount of subsidy can be appropriately increased according to the number of recipients on the basis of handling the subsidy standards for the corresponding cases.

2. For cases of * * * same crime, cases that may be sentenced to death or life imprisonment in the first instance, cases that may be sentenced to death or life imprisonment in the second instance, and cases of death penalty review, if they are handled across provinces or are identified as major, difficult and complicated legal aid cases by legal aid institutions, the subsidy standard may be appropriately raised.

3. If the case undertaken by the legal aid contractor is terminated according to law, no subsidy will be given to those who have not yet carried out substantive work; Has carried out substantive work, legal aid institutions according to the actual situation, as appropriate to give subsidies.

4. The staff of legal aid institutions and other personnel with public status shall not receive legal aid subsidies for undertaking legal consultation, legal aid for lawyers on duty, drafting legal documents on their behalf, case quality evaluation and other legal aid matters; The above-mentioned personnel do not charge basic labor fees for undertaking legal aid cases, and the actual direct expenses for handling cases are charged from the daily operation or business expenses of legal aid institutions.

(five) payment of legal aid subsidies

1. All localities should further standardize the payment of subsidies, and pay subsidies in full and on time on a monthly or quarterly basis for cases that meet more conditions and other legal aid matters that have been settled.

2. All localities should make provisions on cases where legal aid contractors violate laws and regulations and legal aid service standards and do not pay subsidies.

3. The annual implementation time of local legal aid subsidy standards shall be determined by local conditions.

Third, improve the working mechanism and improve service efficiency.

(A) the establishment of legal aid subsidy standards dynamic adjustment mechanism

1. The judicial administrative departments and financial departments of cities and counties shall, in light of the actual situation and in accordance with the provisions of this implementation opinion, formulate and promulgate the measures for the administration of local legal aid subsidies in the first half of 2002/kloc-0. The judicial administrative departments and financial departments of cities and counties shall be responsible for reporting the administrative measures of the corresponding level and the counties (cities, districts) under their jurisdiction to the Provincial Department of Justice and the Provincial Department of Finance for the record.

2. When the direct cost and basic labor cost of legal aid services change greatly, the subsidy standard of legal aid shall be adjusted in time.

(two) the implementation of subsidies and the quality of the difference between the payment mechanism.

Local judicial administrative departments are responsible for formulating differentiated subsidy payment methods linked to subsidies and service quality, and dividing different levels of subsidy standards for handling cases according to the results of case quality assessment, so as to continuously improve the quality of handling cases.

(three) to improve the professional quality and supervision ability of legal aid institutions.

Local legal aid institutions shall encourage and support the staff of institutions with legal professional qualifications to undertake legal aid cases, and improve their handling ability, professional quality and supervision level through practice.

(4) Improve the information disclosure and supervision mechanism.

Local judicial administrative departments and legal aid institutions should improve the information disclosure and supervision mechanism, comprehensively and timely disclose the subsidy standards for legal aid, unblock the channels for complaints and reports, and actively accept social supervision.