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SFT0085-2020: (Rules for peer assessment of the quality of civil administrative legal aid cases)
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(Rules for peer assessment of the quality of civil administrative legal aid cases)
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SF/T 0085-2020
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Basic data | Standard ID | SF/T 0085-2020 (SF/T0085-2020) | | Description (Translated English) | (Rules for peer assessment of the quality of civil administrative legal aid cases) | | Sector / Industry | Chinese Industry Standard (Recommended) | | Classification of Chinese Standard | A16 | | Word Count Estimation | 13,184 | | Date of Issue | 2020-12-30 | | Date of Implementation | 2020-12-30 | | Regulation (derived from) | Announcement of the Ministry of Justice (2020.12.30) | | Issuing agency(ies) | Ministry of Justice of the People's Republic of China | SFT0085-2020: (Rules for peer assessment of the quality of civil administrative legal aid cases)
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Rules of civil administrative legal aid case quality peer review
The People's Republic of China Judicial Administration Industry Standard
Rules for peer assessment of the quality of civil administrative legal aid cases
2020-12-30 release
2020-12-30 implementation
Issued by the Ministry of Justice of the People's Republic of China
1 Scope...1
2 Normative references...1
3 Terms and definitions...1
4 Evaluation method...2
5 Evaluation Index System...2
6 Evaluation Rules...4
7 Evaluation results...8
8 Case quality improvement...8
Appendix A (Informative) Assessment Results Summary Table...9
Foreword
This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for Standardization Work Part 1.Structure and Drafting Rules of Standardization Documents"
Drafting.
This document was submitted by the Legal Aid Center of the Ministry of Justice.
This document is under the jurisdiction of the Information Center of the Ministry of Justice.
Drafting organizations of this document. Legal Aid Center of the Ministry of Justice, Information Center of the Ministry of Justice
The main drafters of this document. Hu Zhanshan, Wang Jinlian, Qian Zhiping, Liu Ying, Wang Shuliang, Zhang Renli, Zhang Yingxiang, Liu Zhiyong, Chen Jiarong,
Zhu Changhuan, Zhang Hejing, Kong Chao, Peng Lihong, Xiao Xiaohua, Wang Xiaolin.
Rules for peer assessment of the quality of civil administrative legal aid cases
1 Scope
This document stipulates the evaluation methods, evaluation index system, evaluation rules, evaluation results of the peer evaluation of the quality of civil administrative legal aid cases.
Quality improvement requirements for results and cases.
This document is applicable to the judicial administrative departments and the legal aid institutions established by them to organize and open civil administrative legal aid cases that have been concluded.
Development quality assessment work.
2 Normative references
The contents of the following documents constitute the indispensable clauses of this document through normative references in the text. Among them, dated reference documents,
Only the version corresponding to that date is applicable to this document; for undated references, the latest version (including all amendments) is applicable to this document
file.
SF/T 0058-2019 National Civil Administrative Legal Aid Service Specification
Sifatong [2013] No. 34 Notice of the Ministry of Justice on Printing and Distributing the "Legal Aid Document Format"
3 Terms and definitions
The following terms and definitions defined in SF/T 0058-2019 apply to this document.
3.1
Civil administrative legal aid case
Civil administrative litigation and non-litigation agency cases assigned or arranged by legal aid agencies (3.4).
3.2
Peer review
The judicial administrative department and the legal aid institution established by it organize peer evaluators (3.3) by lawyers to provide legal aid cases
Quality evaluation activities.
3.3
Peer reviewer
Have experience in handling legal aid cases and more than 10 years of legal practice experience in related fields.
The aid agency selects and hires lawyers who have passed training and assessment to participate in the quality assessment of legal aid cases in an independent capacity.
3.4
Undertaker
According to the designation or arrangement of the legal aid agency, the legal aid agency staff, legal
Teachers, grassroots legal service workers, other social organization workers, and legal aid volunteers.
[Source. SF/T 0058-2019, 3.4, with modification]
4 Evaluation method
4.1 Preliminary evaluation. The peer evaluators shall review the case file materials and analyze the case under evaluation, in accordance with the requirements and regulations of 6.1 and 6.2.
Determine the individual evaluation results of the first-level indicators and the grade of the case.
4.2 Re-evaluation. The peer evaluators shall conduct a preliminary evaluation of all the evaluated cases, organize a re-evaluation of the cases that fail the preliminary evaluation, and still not respond to the re-evaluation.
Qualified cases should be notified in time to the person handling the case and the legal aid agency assigned to the case.
4.3 Review of objections. If the undertaker has objections to the evaluation results, they shall submit a written objection application to the evaluation department within the specified time limit.
Please and relevant evidence. The department that organizes the evaluation shall organize the objection review on the written objection application and the file of the case involved. Late submission
A written objection application shall be deemed as no objection.
4.4 If the peer evaluators who participated in the preliminary evaluation, re-evaluation and objection review have an interest in the case under evaluation and may affect the evaluation
The positive ones should be avoided.
5 Evaluation index system
The evaluation object of the peer evaluation of the quality of civil administrative legal aid cases is civil administrative legal aid cases, and the evaluation index system includes 8
There are two first-level indicators and 19 second-level indicators.
a) There is a power of attorney and signed by the recipient or his legal representative or close relatives
Name or stamp;
b) The power of attorney should specify the entrusted matters and authority;
c) Recognizing, waiving and changing the claims, making settlements and filing counter-claims on behalf of
In case of litigation or appeal, there should be special authorization of the recipient
2 Make timely and effective appointments with recipients
The appointment time should be within 5 working days from the date of receipt of the appointment notice.
Legal representative, close relatives
Contents of the appointment a) The content of the first appointment should include but not limited to the following.
1) Understand the basic situation of the case;
2) Understand the needs of the recipient;
3) Understand the relevant evidence materials and evidence clues of the case.
b) The content of the interview based on the progress of the case includes but not limited to the following.
1) Understand the subject of the litigation;
2) Understand the changes in the litigation request;
3) Announce the handling of the case;
4) Agreed on agency opinions or solutions
4 Effective submission of legal opinions The submission of written opinions should be written legal opinions and submitted to the People's Court and other relevant departments in accordance with regulations. want
Seek as follows.
a) In the case of prosecution on behalf of the person, he shall write the complaint or add/change the complaint on behalf of the recipient’s request
Litigation request
b) If you are acting as an agent in responding to and counterclaims, you should consult the case files, write a plea, and act on your behalf.
Write a counterclaim
c) Representing non-litigation cases, writing legal documents, participating in mediation, and reconciliation
And put forward the handling opinions of the case, etc.;
d) Due to application for property preservation, jurisdictional objection, withdrawal, investigation and evidence collection, judicial review
Approval, closed hearings, witnesses’ testimony in court and handwriting appraisal, etc., should be
After the aid is negotiated, submit a written application, etc.
The legal opinions raised in the content of the legal opinions should be within the scope of the recipient’s authorization, the use of laws and regulations should be accurate, and the text
Book format specification
5 Participate in court hearing activities in accordance with the law and prepare for court hearings and appear in court at the prescribed time. include.
a) Know the list of members of the court;
b) Clarify whether the case falls within the scope of closed trial;
c) Interview the recipient before the trial and inform them of the trial procedures and the composition of the court
And the name of the clerk, and ask whether to apply for withdrawal
Court investigations should participate in court investigations in accordance with the law and do the following cross-examination.
a) Speaking on the focus of dispute or the focus of court investigation;
b) Cross-examination of evidence based on the authenticity, relevance and legality of the evidence;
c) Explain whether the evidence is indeed probative and the size of the proof
Court debates should participate in court debates in accordance with the law, speak around the focal points of disputes or the focal points of court investigations, and
Opinions on the determination of the facts of the case, the power of evidence and the application of law
Court records or court records should be included in the records of court hearings
6 Fully fulfill the obligation of notification for the first appointment and notification shall perform the obligation for notification of the first appointment. The content of the notification includes but is not limited to.
a) Acting duties of the undertaking staff;
b) The recipient can apply to the people's court for reduction, exemption and delay of payment of litigation fees;
c) The main legal risks and consequences of the case;
d) The rights and obligations of the recipient in litigation;
e) Legal aid is a free legal service;
f) Those who meet the requirements for national judicial assistance are notified that they can apply for national judicial assistance
During the handling of the case, it was informed that in the process of handling the case, consultation and legal opinions should be provided to the aid recipient in a timely manner, and
The duty of notification in case handling, including but not limited to.
a) Case handling status, and the notification/report of legal aid case handling status
There are records in the record (see Sifatong [2013] No. 34);
b) The right to sue should be informed of cases that can be sued. For cases that can be appealed,
After the judgment of the first instance, they should be informed of their right to appeal during the appeal period, and continue
Ways and Methods of Obtaining Legal Aid
7 Four types of major, difficult and complicated cases of fulfilling reporting obligations
Reporting obligations
If the case belongs to any of the following four types of cases, it should be reported to the undertaking agency and submitted to
Discuss collectively and study agency opinions, and report to the legal aid agency that assigns the case in time.
Report on the handling of legal aid cases, and have records in the notification/report record of the handling of legal aid cases.
a) The main evidence or the identification of the facts of the case, the application of law, etc. are significant
Doubtful
b) Involving mass incidents;
c) Have significant social impact;
d) Other difficult and complicated cases
8 Standardizing and submitting to undertake
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