减免诉讼费用。当事人交纳诉讼费确有困难的,可以向人民法院申请司法救助,并明确了免交、减交、缓交诉讼费用的情形、程序和比例,保证经济确有困难的当事人能够依法充分行使诉讼权利。
规范律师收费。在扩大实行市场调节价的律师收费范围的同时,对代理国家赔偿案件及各类诉讼案件的申诉等律师服务收费,继续实行政府指导价,并严格规范律师收费环节和程序,在促进律师业健康发展的同时,有效保障了当事人合法权益和国家利益。
Reducing and exempting litigation fees. When a party has difficulty paying a litigation fee it may apply to a people's court for judicial assistance. The state makes clear the circumstances, procedures and percentages for exemption, reduction and deferment of litigation fees, ensuring that parties with economic difficulties are able to fully exercise their litigation rights in accordance with the law.
Regulating lawyers' charges. While expanding the scope of lawyers' charges to market-adjusted prices, China continues to implement government-guided prices for service fees collected by lawyers when they act as representatives in state compensation cases and other law-suits, and rigorously standardizes the links and procedures for lawyers' charges. This effectively guarantees litigants' lawful rights and interests, as well as the state's interests while promoting the healthy development of the law profession.
方便当事人诉讼。司法机关普遍建立诉讼服务中心、业务受理接待中心,建立健全首问负责、服务承诺、办事公开、文明接待等制度;改进诉讼引导、查询咨询、诉前调解、举报受理等服务;利用信息技术,开通服务热线,探索推行网上预约立案、送达、庭审、查询等便民措施,为公众提供便利的诉讼环境。
(五)开展法律援助
中国高度重视法律援助工作,2003年颁布实施《法律援助条例》以来,逐步扩大法律援助覆盖面,建立健全经费保障机制,为经济困难的公民或者特殊案件当事人提供免费法律服务,使越来越多的困难民众通过法律援助维护了自身合法权益。近年来,法律援助事项范围从刑事辩护向就医、就业、就学等民生事项拓展,经济困难标准参照各地生活保障标准,办案补贴标准进一步提高,并针对农民工、残疾人、老年人、未成年人、妇女五类特殊群体建立了专项经费保障制度。截至2011年底,全国共有3600多个法律援助机构,1.4万名专职法律援助人员、21.5万名律师和7.3万名基层法律服务工作者,28个省、自治区、直辖市制定了法律援助地方法规。2009年以来,全国法律援助经费年均增幅为26.8%,2011年达12.8亿元人民币,法律援助工作水平随着经济社会的发展不断提高。
Facilitating litigation. Judicial organs have generally established litigation service centers, and case registration and reception centers, and initiated and improved such systems as first inquiry responsibility, service commitment, open work and polite reception. They have improved such services as litigation guidance, search and inquiry, mediation prior to litigation, and meeting with people who report offences. They provide a suitable litigation environment for the public by opening hotlines and making use of information technology to provide online services such as case registration, serving a document, court sessions and inquiries.
5. Providing Legal Assistance
China attaches great importance to legal assistance. Since the implementation of the Regulations on Legal Assistance promulgated in 2003, China has gradually extended its coverage of legal assistance, and established and improved its funding guarantee system, providing free legal services for citizens with economic difficulties and parties to special cases of lawsuits, making it possible for more and more impoverished people to protect their legitimate rights and interests through legal assistance. In recent years, legal assistance has extended from criminal defence to areas involving people's livelihood, such as seeing a doctor, seeking employment and obtaining education; the standards of economic difficulty have been established in reference to local subsistence allowance standards; the subsidies for handling cases have been improved; and specific funding guarantee systems have been established for five special groups: migrant workers, the disabled, the elderly, minors and women. By the end of 2011, China had more than 3,600 legal-assistance agencies, 14,000 full-time legal-assistance personnel, 215,000 lawyers and 73,000 grassroots legal service personnel. A total of 28 provinces (autonomous regions and municipalities directly under the central government) have formulated local statutory regulations on legal assistance. Since 2009, funding for legal assistance has increased at an annual rate of 26.8%, reaching 1.28 billion yuan in 2011. The work of legal assistance has constantly improved along with socioeconomic advances.