It is of great significance for improving enterprise management, perfecting modern enterprise system, improving enterprise management ability and promoting the healthy development of enterprises to vigorously carry out enterprise legal governance and bring all work of enterprises into the track of standardization and legalization. Under the environment of ruling the country by law and the continuous improvement of the market economy system, it is more important and urgent for enterprises to strengthen legal study and improve their legal application ability.

It is necessary to carry out legal education, enhance the ability to learn and apply the law, and improve the management level of enterprises according to law. Enterprise legal management is an important part of enterprise management. In business operation, contract management, business negotiation, intellectual property, business management, bidding, litigation and arbitration, etc. It should be brought into the legal track, improve the enterprise management system according to law, avoid business risks and standardize business behavior. All these need to strengthen the legal education of enterprise cadres and workers, improve the legal quality of enterprises and the level of operating and managing according to law and safeguarding the legitimate rights and interests of enterprises according to law. Let me introduce some common laws and regulations on corporate governance, hoping to help you.

1. What are the main laws and regulations that enterprise managers and employees should learn and master?

Enterprise legal publicity and education should closely focus on the central work. While publicizing the Party's basic principles and policies for enterprises, especially for the production, operation and management of enterprises, it is necessary to study and publicize laws and regulations closely related to the production and life of employees, which mainly include:

(1) Laws and regulations on citizens' basic rights and obligations, such as: Constitution, Civil Law, Marriage Law, Inheritance Law, Population and Family Planning Law, Adoption Law, Compulsory Education Law, Law on the Protection of Women's Rights and Interests, Law on the Protection of Minors, Legal Aid Regulations, etc. Being familiar with and mastering citizens' basic rights and obligations is the basic requirement for citizens' legal quality.

(2) laws and regulations on enterprise management, such as enterprise law, labor law, safety production law, accounting law, etc. These laws are a powerful guarantee for the normal production, operation and management of enterprises and an important legal weapon that enterprise managers should master.

(3) laws and regulations related to market economy, such as contract law, company law, foreign trade law, anti-unfair competition law, consumer rights protection law, product quality law, price law, trademark law, guarantee law, tax law, etc. These laws are powerful weapons to adjust market economic relations, standardize market economic order and protect the legitimate rights and interests of operators and consumers.

(4) Criminal Law, Civil Procedure Law, Administrative Procedure Law, Arbitration Law, Petition Regulations, Regulations on Comprehensive Management of Social Security and other laws and regulations to maintain social harmony and stability. Maintaining social harmony and stability is the basic guarantee for the development of material civilization, political civilization and spiritual civilization of the whole society. The broad masses of cadres and people should pay attention to studying and mastering these laws and regulations.

2. What basic rights should citizens enjoy?

The Constitution of China stipulates the extensive rights and freedoms of citizens; At the same time, citizens shall not harm the interests of the state, society and collective or the legitimate rights and freedoms of other citizens when exercising their rights and freedoms. Like other citizens, according to the provisions of the Constitution and laws of China, citizens enjoy the following basic rights:

(1) Right to equality, that is, all citizens are equal before the law, citizens enjoy rights and obligations equally, and enjoy equal protection from the state without discrimination.

(2) The right to vote and stand for election, that is, citizens have the right to elect deputies to people's congresses at all levels and members of villagers' self-government and residents' self-government organizations according to law.

(3) the right to criticize, suggest, appeal, accuse and report, that is, citizens have the right to criticize and suggest any state organ or state functionary, and have the right to appeal, accuse or report any illegal or dereliction of duty of any state organ or state functionary to the relevant state organ.

(4) Freedom of speech and freedom of the press.

(5) Freedom of association and freedom of assembly, procession and demonstration.

(6) Personal freedom, that is, citizens are not subject to illegal arrest, detention, deprivation or restriction of freedom, and are not subject to illegal search.

(7) the right to personal dignity, that is, the personality of citizens should be respected by others and society and protected by national laws, and no one may infringe upon it in any way.

(8) The right to inviolability of residence.

(9) Freedom and privacy of communication.

(10) Freedom of religious belief. No state organ, social organization or individual may compel citizens to believe in or not believe in religion, and may not discriminate against citizens who believe in or not believe in religion.

(1 1) Freedom to engage in scientific research, literary and artistic creation and other cultural activities.

(12) the right to education.

(13) citizens who have the ability to work have the right to work.

(14) right to rest.

(15) the right to get material help, that is, citizens have the right to get economic or material help from the state and society under legal conditions.

3. What basic obligations should citizens perform?

According to the principle of balance between rights and obligations, since citizens enjoy the basic rights stipulated in the Constitution, they should also perform the basic obligations stipulated in the Constitution. According to the provisions of the Constitution of our country, the basic obligations that citizens should perform mainly include:

(1) safeguard national unity and national unity. National unity is a prerequisite for citizens to realize their basic rights and freedoms. Without national unity, there is no basis for realizing any rights and freedoms. China is a unified multi-ethnic country, and national unity is of great significance to national unity.

(2) Abide by the Constitution and laws, keep state secrets, cherish public property, observe labor discipline, observe public order and respect social morality.

(3) to safeguard the security, honor and interests of the motherland, and shall not commit acts that endanger the security, honor and interests of the motherland.

(4) Defending the motherland, resisting aggression, performing military service according to law and joining militia organizations. Building a well-off society in an all-round way must have a peaceful environment, which requires every citizen to take defending the motherland and resisting aggression as his sacred duty, and to perform military service according to law and join militia organizations as his glorious duty.

(5) Pay taxes according to law. Taxation is the main source of national fiscal revenue, which is taken from the people and used by the people. Every citizen should strengthen the concept of paying taxes according to law and consciously fulfill their tax obligations. Any tax evasion will be investigated by law.

(6) family planning. Carrying out family planning is a basic national policy of our country. All married citizens of childbearing age and both husband and wife have the responsibility to fulfill their family planning obligations according to law.

In addition to the above obligations, education and labor are the rights and obligations of citizens. The obligation to receive education requires that citizens should not refuse to accept educational opportunities provided by the state and society without justifiable reasons, and citizens should not interfere with the compulsory education implemented by the state for their children. Citizens' labor obligation means that everyone who has the ability to work must engage in labor and abide by labor discipline.

4. How should the partners of the partnership bear the foreign debts?

The General Principles of the Civil Law stipulates that the partners shall be liable for the debts of the partnership with their own property according to the proportion of capital contribution or agreement, and the partners shall be jointly and severally liable for the debts of the partnership. The Partnership Enterprise Law stipulates that a partnership enterprise shall pay off its debts in advance with all its property; If the property of the partnership enterprise is insufficient to pay off the debts due, each partner shall bear unlimited joint and several liability.

5. What is a sole proprietorship enterprise? How does a sole proprietorship manage its own affairs?

According to the Law on Solely Owned Enterprises, a sole proprietorship enterprise refers to an enterprise legal person established in China according to law, which is invested by a natural person, and its property is owned by the investor, who shall bear unlimited liability for the debts of the enterprise with his personal property.

The sole proprietorship enterprise manages enterprise affairs according to law: (1) The investors of the sole proprietorship enterprise have the right to choose the management form of enterprise affairs independently, manage enterprise affairs by themselves, or entrust or hire other persons with civil capacity to take charge of enterprise affairs management. The investor's restriction on the functions and powers of the trustee or employee shall not be against a bona fide third party. (2) A sole proprietorship enterprise shall set up accounting books and conduct accounting according to law. (3) When recruiting employees, a sole proprietorship enterprise shall sign labor contracts with employees according to law, ensure the labor safety of employees, and pay their wages in full and on time. (four) a sole proprietorship enterprise shall participate in social insurance in accordance with the provisions of the state and pay social insurance premiums for its employees. (5) A sole proprietorship enterprise may apply for a loan according to law, obtain the land use right, and enjoy other rights stipulated by laws and administrative regulations. (6) No unit or individual may force a sole proprietorship enterprise to provide financial, material and human resources in any way in violation of laws and administrative regulations; A sole proprietorship enterprise has the right to refuse to illegally provide financial, material and human resources.

6. Do employees of foreign-funded enterprises have the right to establish trade unions?

Employees of foreign-capital enterprises have the right to establish grass-roots trade union organizations and carry out trade union activities in accordance with the provisions of the Trade Union Law. The trade union of a foreign-capital enterprise is the representative of the interests of employees, and has the right to sign labor contracts with enterprises on behalf of employees and supervise the implementation of labor contracts. The basic tasks of trade unions in foreign-funded enterprises are: to safeguard the legitimate rights and interests of employees in accordance with the laws and regulations of China, and to assist enterprises in rationally arranging and using employee welfare and incentive funds; Organize employees to learn political, scientific and technical knowledge and carry out cultural and sports activities; Educate employees to abide by labor discipline and strive to complete various economic tasks of the enterprise. Trade union representatives have the right to attend the meeting as nonvoting delegates when foreign-funded enterprises study and decide on issues such as employee rewards and punishments, wage system, welfare, labor protection and insurance. Foreign-capital enterprises should listen to the opinions of trade unions and obtain their cooperation. A foreign-capital enterprise shall actively support the work of the trade union of the enterprise, and provide the necessary houses and equipment for the trade union organization for office, meeting and holding the collective welfare, culture and sports undertakings of employees in accordance with the provisions of the Trade Union Law. A foreign-capital enterprise shall allocate 2% of the total wages of its employees to trade union funds every month, which shall be used by the trade union of this enterprise in accordance with the relevant measures for the management of trade union funds formulated by the All-China Federation of Trade Unions.

7. How should the bankrupt property be distributed after the enterprise goes bankrupt?

According to the provisions of the bankruptcy law, after an enterprise goes bankrupt, the bankrupt property shall be paid off in the following order after paying off the bankruptcy expenses first: (1) the wages and labor insurance expenses owed by the bankrupt enterprise (the first order); (2) Tax owed by bankrupt enterprises (second in order); (3) Bankruptcy claims (third in line).

8. What behaviors of operators belong to unfair competition?

Operators in market transactions should follow the principles of voluntariness, equality, fairness, honesty and credit, and abide by recognized business ethics. According to the provisions of the Anti-Unfair Competition Law, the following acts are acts of unfair competition:

(1) Making and selling fake goods. Including: ① counterfeiting registered trademarks of others; (2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, and making buyers mistake themselves for the well-known commodity; (three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods; (4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities.

(2) The act of restricting purchases and crowding out refers to the act of a public utility enterprise or an operator with a monopoly position according to law to restrict others from buying the goods of its designated operator, so as to crowd out other operators from fair competition.

(3) Abuse of administrative power to restrict competition refers to the abuse of administrative power by the government and its subordinate departments to restrict others from buying the goods of the operators designated by them, restrict the legitimate business activities of other operators, restrict foreign goods from entering the local market or local goods from flowing to the foreign market, and interfere with and hinder normal trading activities.

(4) Commercial bribery, that is, the behavior of business operators bribing with property or other means in order to sell or buy goods.

(5) False propaganda refers to misleading false propaganda by business operators on the quality, system and composition, performance, use, producer, expiration date and place of origin of commodities through advertisements or other methods.

(6) Infringement of trade secrets. Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Business operators shall not infringe on business secrets by the following means: ① obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means; (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by the above means; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets.

(7) The act of crowding out competitors at a lower price refers to the act of selling goods at a price lower than the cost for the purpose of crowding out competitors.

Under any of the following circumstances, it is not an act of unfair competition: ① selling fresh goods; (2) Handling the goods whose validity period is about to expire or other overstocked goods; ③ Seasonal price reduction; (4) Selling goods at reduced prices due to paying off debts, changing production or suspending business.

(eight) tying goods or attaching unreasonable trading conditions. Tying goods refers to tying goods against the wishes of buyers when operators sell goods; Attaching unreasonable trading conditions mainly refers to increasing the buyer's obligations, aggravating the buyer's responsibilities, or depriving or restricting the buyer's due rights. When selling goods, business operators take advantage of their economic advantages, tying goods against the buyers' wishes or attaching other unreasonable conditions, which violates the basic principles of voluntariness, equality and fairness and infringes on the legitimate rights and interests of the counterpart, and is an act of unfair competition.

(9) Improper sales with prizes. Improper prize-winning sales refer to the act of selling goods by fraudulent means or stimulating consumers' speculative psychology by improper huge lottery activities. Operators are not allowed to engage in the following prize-winning sales: (1) Selling prizes by falsely reporting prizes or intentionally letting defaulting personnel win prizes; (two) the use of prize-winning sales methods to promote high quality and low price goods; (3) selling lottery tickets with prizes, with the highest prize amount exceeding 5,000 yuan.

(10) Defamation of goodwill refers to the behavior of business operators to fabricate and spread false facts, which damages the business reputation and commodity reputation of competitors.

(1 1) bid rigging. The so-called collusive bidding means that bidders collude maliciously and take joint actions to limit competition. Its main forms are: first, bidders agree to raise or lower the bid price. The second is bidding behavior, that is, multiple bidders participate in bidding, but the lowest or highest bidder is determined by mutual consultation in advance, and the bid is won in turn in similar projects.

9. What are the responsibilities and obligations of producers and sellers in improving product quality?

According to the product quality law, the responsibilities of producers and sellers in improving product quality include:

(1) Establish and improve the internal product quality management system, and strictly implement post quality specifications, quality responsibilities and corresponding assessment methods;

(2) Producers and sellers who violate the product quality law should bear corresponding legal responsibilities, including administrative responsibility, civil responsibility and criminal responsibility;

(3) producers and sellers are prohibited from carrying out the following activities: First, forging or fraudulently using certification quality marks; The second is to forge the origin of the product, forge or fraudulently use the name and address of others; Third, adulteration is used in the production and sales of products, so as to confuse the fake with the real and shoddy.

10. What specific requirements does the state have for operators?

According to the Law on the Protection of Consumers' Rights and Interests, operators shall perform their obligations in accordance with the Product Quality Law and other relevant laws and regulations when providing commodities or services to consumers. If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.

(1) Operators shall listen to the opinions of consumers on the goods or services they provide and accept the supervision of consumers.

(2) Business operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. If a business operator finds that the goods or services provided by him are seriously defective, and even if the goods or services are used correctly, it may still cause harm to personal and property safety, it shall immediately report to the relevant administrative departments and inform consumers, and take measures to prevent the occurrence of harm.

(3) Business operators shall provide consumers with true information about commodities or services, and shall not make misleading false propaganda. Business operators should give true and clear answers to the questions raised by consumers about the quality and usage of the goods or services they provide. The goods provided by the store should be clearly marked.

(four) the operator shall indicate its real name and logo. Operators who lease other people's counters or venues shall indicate their real names and marks.

(5) When providing commodities or services, business operators shall issue purchase vouchers or service documents to consumers in accordance with relevant state regulations or business practices; When consumers ask for purchase vouchers or service documents, business operators must issue them.

(6) A business operator shall guarantee the quality, performance, use and expiration date of the goods or services provided by him under the normal use of the goods or services; However, unless the consumer knows that the goods are defective before purchasing or receiving services. Where a business operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality.

(7) Where a business operator provides a commodity or service and undertakes warranty, replacement, refund or other responsibilities in accordance with the provisions of the state or the agreement with consumers, it shall perform it in accordance with the provisions of the state or the agreement, and shall not deliberately delay or unreasonably refuse.

(eight) operators shall not make unfair and unreasonable provisions to consumers in the form of standard contracts, notices, statements, store notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers. Format contracts, notices, reports, store notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

(9) Business operators shall not insult or slander consumers, search consumers' bodies and articles they carry, or infringe consumers' personal freedom.

1 1. What is a guarantee? What restrictions does the state have on being a guarantor? Guarantee refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.

According to the Guarantee Law, legal persons, other organizations or citizens who have the ability to pay off debts on their behalf can act as guarantors. State organs may not act as guarantors, except those who use loans from foreign governments or international economic organizations for lending with the approval of the State Council. Schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not be used as guarantors. Branches and functional departments of an enterprise as a legal person shall not act as guarantors. If the branch of an enterprise as a legal person has written authorization from the legal person, it may provide guarantee within the scope of authorization.

No unit or individual may force banks and other financial institutions or enterprises to provide guarantees for others; Banks and other financial institutions or enterprises have the right to refuse to force them to provide guarantees for others.

If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all the guarantors are obliged to guarantee the realization of all the creditor's rights. The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share.

12. In what ways does the state provide entrepreneurial support for SMEs?

According to the provisions of the Law on Small and Medium-sized Enterprises, the state provides entrepreneurial support to small and medium-sized enterprises in the following aspects: (1) Relevant government departments should actively create conditions, provide necessary and corresponding information and consulting services, rationally arrange necessary venues and facilities according to the needs of the development of small and medium-sized enterprises in urban and rural construction planning, and support the establishment of small and medium-sized enterprises. (two) the unemployed or disabled people set up small and medium-sized enterprises, the local government should actively support, provide convenience and strengthen guidance. Relevant government departments should take measures to broaden channels and guide small and medium-sized enterprises to attract college graduates to find jobs. (2) The state supports and encourages the establishment and development of small and medium-sized enterprises in relevant tax policies. (3) The state shall reduce or exempt income tax for small and medium-sized enterprises founded by unemployed people, small and medium-sized enterprises that absorbed unemployed people in the same year and reached the proportion stipulated by the state, high-tech small and medium-sized enterprises that met the state's policy of supporting and encouraging development, small and medium-sized enterprises established in ethnic minority areas and poverty-stricken areas, and small and medium-sized enterprises that placed disabled people in the proportion stipulated by the state within a certain period of time. (4) The local people's government shall, according to the actual situation, provide entrepreneurs with policy consultation and information services in industry and commerce, finance and taxation, financing, employment and social security. (5) The enterprise registration authority shall go through the registration procedures for the establishment of small and medium-sized enterprises in accordance with conditions and legal procedures, so as to improve work efficiency and facilitate registrants. It is not allowed to set preconditions for enterprise registration beyond the provisions of laws and administrative regulations; No other fees shall be charged except for the charging items and charging standards stipulated by laws and administrative regulations. (6) According to the state policy of utilizing foreign capital, the state encourages small and medium-sized enterprises to introduce foreign capital, advanced technology and management experience, and set up Sino-foreign joint ventures and Sino-foreign cooperative ventures. (7) The State encourages individuals or legal persons to participate in the establishment of small and medium-sized enterprises by investing in industrial property rights or non-patented technologies according to law.

13. What terms must a labor contract have?

According to the provisions of the labor law, the labor contract must have the following provisions:

(1) Term of the labor contract. The term of a labor contract means that the labor contract signed is a labor contract with a fixed term and no fixed term, with the completion of certain work as the term. If it is a labor contract with a fixed term, it should be agreed that the term is one year or several years.

(2) Work content. The work content refers to the work arranged by the employer for the workers, and it is the main content of the labor obligations that the workers should perform in the labor contract. Including the post, nature and scope of work, the effect and quality index of labor and production tasks.

(3) Labor protection and working conditions. Labor protection and working conditions refer to the production, working conditions and labor safety and health protection measures that the employer must provide for the workers as stipulated in the labor contract. That is, the basic requirements for employers to ensure that workers complete their labor tasks and ensure safety and health during labor. Including workplace and equipment, labor safety and health facilities, labor protection articles, etc. Employers should not only provide necessary working conditions and labor protection for workers, but also provide labor safety and health conditions and labor protection in line with state regulations.

(4) Labor remuneration. Labor remuneration refers to the wages paid by the employer to the workers in the form of money according to their jobs, skills, quantity and quality of work. Including salary amount, date and place of payment, other social insurance benefits (pension, unemployment, medical care, work injury, maternity, etc.). ). The content and standard of labor remuneration shall not be lower than the provisions of national laws and administrative regulations, nor shall it be lower than the provisions of collective contracts.

(5) Labor discipline. Labor discipline refers to the labor rules that workers must abide by in the process of labor and is the code of conduct for workers. The labor discipline of a labor contract includes the national laws and administrative regulations, the factory rules and regulations formulated by the employer, and the disciplinary requirements for the individual workers. Such as commuting system, work system, post discipline, reward and punishment conditions, etc.

(6) Conditions for the termination of the labor contract. The termination condition of labor contract refers to the objective requirement of the termination of labor relations, that is, the factual reason of the termination of labor contract. The termination conditions agreed in the labor contract generally refer to the termination conditions of the labor contract determined by the employee and the employer through consultation except those stipulated by national laws and administrative regulations. Especially when signing an open-ended labor contract, both parties should agree on the conditions for the termination of the labor contract.

(7) Liability for breach of labor contract. The responsibility for violating the labor contract refers to the legal consequences that one party should bear when it violates the labor contract intentionally or negligently during the performance of the labor contract, resulting in the failure to perform the labor contract normally and causing economic losses to the other party. The liability for breach of contract stipulated in the labor contract generally refers to the content that the national laws and administrative regulations do not clearly stipulate the breach of contract. If there are clear provisions in laws and administrative regulations, if one party violates the labor contract, it shall bear the liability for breach of contract in accordance with the provisions of laws and administrative regulations. The liability for breach of contract agreed by the parties to a labor contract shall conform to the basic spirit and principles of laws and administrative regulations, and be fair and reasonable.

14. What procedure does the enterprise labor dispute mediation committee generally follow for mediation?

After accepting the mediation application of the parties, the enterprise labor dispute mediation committee generally conducts mediation according to the following procedures:

(1) Assign a mediator to conduct a comprehensive investigation and verification of the disputed matters in a timely manner, and make investigation records;

(2) The director of the mediation committee shall preside over the mediation meeting attended by both parties in dispute. For simple disputes, the mediation committee may appoint 1-2 mediators for mediation;

(three) the mediation committee fully listens to the statements of both parties to the dispute, finds out the facts, distinguishes right from wrong, and mediates fairly according to law;

(4) If an agreement is reached through mediation, a mediation agreement shall be made; If mediation fails, it shall also be recorded and explained in the mediation opinion. The mediation committee shall end the labor dispute mediation within 30 days from the date when both parties to the labor dispute apply for mediation. If mediation fails, it shall be deemed as unsuccessful. (6) Income from interest, dividends, bonuses, accidental income and other income shall be taxed.

15. How do citizens apply for legal aid?

Legal aid means that the state provides legal aid to the parties in certain economic difficulties or special cases through lawyers, notaries and other legal service personnel to ensure the realization of their legitimate rights and interests. This has solved the problem that some citizens can't afford lawyers and lawsuits because of financial difficulties, and protected the equal rights of the weak. Then, how can citizens apply for and get legal aid according to law?

(1) Conditions for applying for legal aid. According to the law, the object of legal aid in China is mainly applicable to the parties with financial difficulties and special cases. Accordingly, citizens can apply for legal aid in any of the following circumstances: ① those who have sufficient reasons to prove that their legitimate rights and interests have been violated and need legal help, but are unable or unable to fully bear the legal service fees due to economic difficulties (measured by the minimum living standard provided by local government departments); (2) The criminal defendant or criminal suspect is blind, deaf, dumb or a minor and has not entrusted a defense lawyer; The criminal defendant or criminal suspect is an elderly person or other disabled person and is unable to hire a defense lawyer due to financial difficulties; (three) the defendant may be sentenced to death without entrusting a defender, and the people's court appoints a lawyer who undertakes the obligation of legal aid to defend him; (4) In a criminal case, the defendant of foreign nationality has not entrusted a defender, and the people's court has appointed a lawyer to defend him.

(2) the application scope of legal aid. The application for legal aid can be a criminal case or an administrative or civil case. The scope of applying for assistance mainly includes: legal matters of requesting to pay alimony and alimony; Legal matters concerning the application for pensions and relief funds; Litigation cases requesting state compensation; Legal matters for claiming compensation for work-related injuries (except liability accidents); Criminal cases of disabled people, minors and the elderly who can't defend themselves and legal issues of tort compensation; Other legal matters that the parties enjoy legal aid according to law. Citizens' requests for legal aid include: legal consultation, drafting legal documents; Criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate and other forms of legal services.

(3) Procedures for applying for legal aid. When requesting legal aid, the parties concerned must submit an application in written form, fill in the prescribed format and contents, and pay attention to submitting the following materials: my ID card, household registration certificate or temporary residence permit, the applicant's financial status certificate issued by the relevant unit, the basic situation of applying for assistance, and other materials required by the legal aid institution. If the applicant is really unable to fill in the application form and provide written materials due to objective reasons, he may ask the staff to cooperate in filling in and recording.

For the general application, the legal aid institution shall review and make a decision within 10 days from the date of accepting the application. For eligible parties, a written decision will be made to agree to provide legal aid, and the grantee will be informed. Legal aid institutions, legal aid contractors and recipients will jointly sign the Legal Aid Agreement; If the applicant does not meet the requirements, the legal aid agency will make a decision not to provide assistance. If the applicant disagrees with this, he may apply to the competent judicial administrative department for review within 10 days after receiving the notice, and the judicial administrative department shall make a final decision within 30 days after receiving the application. Generally speaking, legal aid agencies do not review legal aid cases with designated defense issued by people's courts, that is, they issue emergency legal aid notices and assign lawyers to provide services.