Legal Aid + Court Trial Stage (Secondary Importance)

Compiled on: May 31, 2026 ⚠️ Marked as secondary importance: Legal aid and trial procedures have a low probability of being directly tested in the Guangdong papers over the past three years, but as general legal knowledge they may appear as background in material-based questions. A basic understanding is enough; no need to memorize. ---

I. Legal Aid

What is Legal Aid

A system established by the state to provide free legal services to citizens in financial difficulty and parties in special cases. It is organized and implemented by legal aid institutions, and the aided persons do not need to pay any fees.

Who Can Apply (Two Categories)

Category 1: Citizens in Financial Difficulty

• Financial difficulty (standards set by each province/municipality)
• Have reasonable and lawful claims #### Category 2: Parties in Special Cases (Financial Difficulty Not Required) Criminal Cases:
• Blind, deaf, mute persons, and mentally ill persons who cannot fully recognize their own behavior
• Criminal suspects/defendants who may be sentenced to life imprisonment or death
• Criminal suspects/defendants who are minors
• Defendants in trials in absentia Administrative/Civil Cases:
• Claims for state compensation
• Claims for social insurance benefits or minimum living allowance
• Claims for pension and relief funds
• Claims for alimony, child support, and spousal support
• Claims for confirmation of labor relations and payment of labor remuneration
• Claims for personal injury compensation from work-related accidents, traffic accidents, food and drug safety accidents, and medical accidents
• Close relatives of heroes and martyrs safeguarding their personal rights and interests
• Claims for civil rights and interests arising from acts of bravery (righteous deeds) 💡 Memory aid: Criminal "disability, death, minority" (disabled, death penalty, minors); Civil "state, social, pension, support, labor, injury" ### Application Restrictions (Cases Where Application Is Not Allowed) | Restriction | Explanation | |------|-----| | Not a statutory matter | The claim is not within the scope of legal aid | | Not financially difficult | Has the ability to pay for legal services (except for special cases) | | Lack of legal basis | Claims without factual and legal basis | | Duplicate application | Has already received legal aid for the same matter | ### Legal Aid in Criminal Proceedings | Situation | Handling | |------|---------| | Blind/deaf/mute persons, mentally ill persons, minors, or those who may be sentenced to life imprisonment or death | The court shall notify legal aid (mandatory) | | Other financially disadvantaged defendants | May apply for legal aid (on their own initiative) | ### Difference from Retained Defense/Representation | | Legal Aid | Retained Defense/Representation | |---|---------|-------------| | Cost | Free | Borne by the party themselves | | Source of Lawyer | Assigned by legal aid institution | Retained by the party themselves | | Applicable Conditions | Financial difficulty or special cases | Anyone | ### Common Exam Traps | Common Mistake | Correct Understanding | |--------|---------| | Legal aid only applies to criminal cases? | ❌ Civil and administrative cases can also apply | | All minors automatically get legal aid? | ❌ In criminal cases, the court shall notify; in civil cases, application is still required | | Financial difficulty allows any application? | ❌ Must still fall within the statutory scope | | Defendants can refuse a legal aid lawyer? | ✅ Yes, but they must retain their own lawyer or defend themselves | --- ## II. Court Trial Stage ### Civil Cases (Plaintiff vs Defendant) Step 1: Court Preparation (Warm-up)
• Judge verifies whether both plaintiff and defendant are present
  • Plaintiff absent → treated as withdrawal
  • Defendant absent → default judgment
• Announce the cause of action and composition of the collegial panel
• Inform parties of the right to apply for recusal (if you think the judge knows the other party, you can request a replacement) Step 2: Court Investigation (Presenting Evidence)
• Plaintiff's statement: what is being sued, why, and what evidence exists
• Defendant's statement: whether they admit, rebuttal reasons, evidence
• Both sides present evidence, the other side can cross-examine (find faults in the evidence)
• The judge can also proactively investigate and collect evidence Step 3: Court Debate (Reasoning)
• Plaintiff: "According to Article XX of Law XX, the defendant should compensate me"
• Defendant: "The plaintiff is wrong, I have XX reasons"
• Debate around the focus of dispute Step 4: Final Statements (Last Word)
• Plaintiff: "Insist on the claims"
• Defendant: "Request the court to reject the plaintiff's claims" Step 5: Judgment
• Judgment in court or at a later date
• Appeal within 15 days after the judgment is served 💡 Civil procedure: You speak → He speaks → Present evidence → Cross-examine → Last word → Judgment --- ### Criminal Cases (Procuratorate vs Defendant) Step 1: Court Preparation
• Verify the defendant's identity
• Announce the cause of action and composition of the collegial panel
• Inform the defendant of the right to apply for recusal and to retain a defense lawyer Step 2: Court Investigation (Establishing the Facts)
• The public prosecutor (procuratorate) reads the indictment: "The defendant committed XX crime..."
• Defendant's statement: guilty/not guilty/explain the situation
• Public prosecutor presents evidence (physical evidence, documentary evidence, witness testimony, etc.)
• Defendant and defense lawyer cross-examine (find faults in the prosecution's evidence)
• The defense can also present evidence (e.g., proving an alibi) Step 3: Court Debate (Whether It Constitutes a Crime)
• Public prosecutor: "The defendant's conduct constitutes XX crime and should be sentenced to XX"
• Defense lawyer: "Insufficient evidence / should be lenient / does not constitute a crime"
• Both sides can engage in several rounds of debate Step 4: Defendant's Final Statement (The Most Important Right!)
• The defendant gives a final statement
• ⚠️ The judge cannot deprive this right! Otherwise, it is a procedural violation Step 5: Deliberation and Judgment
• The collegial panel retires to deliberate (secret discussion)
• Judgment in court or at a later date
• Appeal within 10 days after the judgment 💡 Criminal procedure: Procuratorate reads indictment → Defendant speaks → Present evidence → Cross-examine → Defendant's last word → Judgment --- ### Civil vs Criminal Comparison | | Civil | Criminal | |---|------|------| | Who sues whom | Plaintiff sues defendant (individual vs individual) | Procuratorate prosecutes defendant (state vs individual) | | Opening | Both parties make statements | Public prosecutor reads the indictment | | Investigation stage | Both sides present evidence on equal footing | Prosecution leads evidence, defense cross-examines | | Debate focus | Whether to compensate / how much | Whether it constitutes a crime / severity of sentence | | Final statement | Both sides get one statement | Defendant speaks last (cannot be deprived) | | Appeal period | 15 days | 10 days | ### Common Exam Traps | Common Mistake | Correct Understanding | |--------|---------| | In criminal cases, the victim sues the defendant? | ❌ It is the procuratorate that initiates public prosecution | | Civil plaintiff absent can lead to default judgment? | ❌ Plaintiff absence is treated as withdrawal; only defendant absence leads to default judgment | | The final statement in criminal cases can be omitted? | ❌ The defendant must be allowed to speak, otherwise it's a procedural violation | | Civil and criminal appeal periods are the same? | ❌ Civil 15 days, criminal 10 days |