Legal Aid + Court Trial Stage (Secondary Importance)

Compiled: May 31, 2026 ⚠️ Marked as secondary importance: Legal aid and trial stages have a low probability of being directly tested in the Guangdong exam papers of the past three years, but as common legal knowledge, they may be integrated into the background of material-based questions. Understanding is sufficient; rote memorization is unnecessary. ---

I. Legal Aid

What is Legal Aid

A system established by the state to provide free legal services to economically disadvantaged citizens and parties in special cases. It is organized and implemented by legal aid agencies, and the assisted person does not need to pay any fees.

Who Can Apply (Two Categories)

Category 1: Economically Disadvantaged Citizens

• Economic hardship (standards determined by each province/municipality)
• Has a reasonable and lawful claim #### Category 2: Parties in Special Cases (Economic hardship not required) Criminal Cases:
• Blind, deaf, or mute persons; mentally ill persons who cannot fully recognize their own behavior
• Suspects/defendants who may be sentenced to life imprisonment or the death penalty
• Minor suspects/defendants
• Defendants in trials in absentia Administrative/Civil Cases:
• Claims for state compensation
• Claims for social insurance benefits or minimum subsistence allowances
• Claims for pension or relief funds
• Claims for alimony, child support, or spousal support
• Claims to confirm labor relations or for labor remuneration
• Claims for personal injury compensation from work-related accidents, traffic accidents, food/drug safety accidents, or medical accidents
• Claims by close relatives of heroes and martyrs to protect their personal rights and interests
• Claims for civil rights and interests arising from acts of bravery 💡 Mnemonic: Criminal "Disability, Death, Minor" (Disabled, Death penalty, Minor); Civil "State, Social, Support, Labor, Injury" ### Application Restrictions (Situations Where Application is Not Possible) | Restriction | Explanation | |------|-----| | Not within statutory scope | The claim is not within the scope of legal aid | | Not economically disadvantaged | Has the ability to pay for legal services (except for special cases) | | Lack of basis for claim | Claim lacks factual or legal basis | | Duplicate application | Has already received legal aid for the same matter | ### Legal Aid in Criminal Proceedings | Situation | Handling Method | |------|---------| | Blind/deaf/mute persons, mentally ill persons, minors, or those possibly facing life imprisonment/death penalty | The court shall notify the legal aid agency (mandatory) | | Other economically disadvantaged defendants | May apply for legal aid (self-initiated) | ### Difference from Retaining Counsel/Representation | | Legal Aid | Retaining Counsel/Representation | |---|---------|-------------| | Cost | Free | Borne by the party themselves | | Source of Lawyer | Assigned by the legal aid agency | Self-retained by the party | | Applicable Conditions | Economic hardship 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? | ❌ Notification is mandatory in criminal cases; civil cases still require an application | | Anyone economically disadvantaged can apply freely? | ❌ The claim must still fall within the statutory scope | | Can a defendant refuse a legal aid lawyer? | ✅ Yes, but they must then retain their own lawyer or defend themselves | --- ## II. Court Trial Stage ### Civil Cases (Plaintiff vs Defendant) Step 1: Court Preparation (Warm-up)
• The judge verifies whether both the plaintiff and defendant are present in court
  • Plaintiff absent → Case is dismissed
  • Defendant absent → Default judgment
• Announce the case name and the composition of the collegial panel
• Inform the parties of their right to apply for recusal (if they believe the judge knows the other party, they can request a replacement) Step 2: Court Investigation (Presenting Evidence)
• Plaintiff's statement: What is being sued for, why, and what evidence exists
• Defendant's statement: Whether they admit or deny the claims, and their grounds for rebuttal
• Both parties present evidence, and the other party can cross-examine (find flaws in the evidence)
• The judge can also proactively investigate and collect evidence Step 3: Court Debate (Arguing the Case)
• Plaintiff: "According to Article XX of Law XX, the defendant should compensate me"
• Defendant: "What the plaintiff says is wrong; I have XX reasons"
• Debate focuses on the points of contention Step 4: Final Statements (Last Words)
• Plaintiff: "Uphold the claims"
• Defendant: "Request the dismissal of the plaintiff's claims" Step 5: Judgment
• Judgment pronounced in court or on a later date
• Appeal can be filed within 15 days of receiving the judgment 💡 Civil Procedure: You speak → He speaks → Present evidence → Debate each other → Final word → Judgment --- ### Criminal Cases (Prosecution vs Defendant) Step 1: Court Preparation
• Verify the defendant's identity
• Announce the case name and the composition of the collegial panel
• Inform the defendant of the right to apply for recusal and the right to retain defense counsel Step 2: Court Investigation (Establishing the Facts)
• The prosecutor (Procuratorate) reads the indictment: "The defendant committed the crime of XX..."
• The defendant makes a statement: Guilty/Not guilty/Explains the situation
• The prosecutor presents evidence (physical evidence, documentary evidence, witness testimony, etc.)
• The defendant and defense counsel cross-examine (find flaws in the prosecution's evidence)
• The defendant's side can also present evidence (e.g., proving an alibi) Step 3: Court Debate (Determining Guilt)
• Prosecutor: "The defendant's actions constitute the crime of XX and should be sentenced to XX"
• Defense Counsel: "Insufficient evidence/Should be given a lighter sentence/Does not constitute a crime"
• The prosecution and defense can engage in several rounds of debate Step 4: Defendant's Final Statement (The Most Important Right!)
• The defendant makes a final statement
• ⚠️ The judge cannot deprive the defendant of this right! Otherwise, it is a procedural violation Step 5: Deliberation and Judgment
• The collegial panel withdraws for deliberation (secret discussion)
• Judgment pronounced in court or on a later date
• Appeal can be filed within 10 days of the judgment 💡 Criminal Procedure: Prosecution reads indictment → Defendant speaks → Present evidence → Debate each other → Defendant has final word → Judgment --- ### Civil vs Criminal Comparison | | Civil | Criminal | |---|------|------| | Who sues whom | Plaintiff sues defendant (individual vs individual) | Procuratorate prosecutes defendant (State vs individual) | | Opening | Plaintiff and defendant each make statements | Prosecutor reads the indictment | | Investigation Phase | Both sides present evidence on an equal footing | Prosecution leads the evidence presentation, defense cross-examines | | Debate Focus | Whether compensation is owed / How much | Whether a crime was committed / Severity of sentence | | Final Statement | One statement from each side | 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 a public prosecution | | If the civil plaintiff is absent, can a default judgment be entered? | ❌ If the plaintiff is absent, the case is dismissed; only if the defendant is absent is a default judgment entered | | Can the final statement in a criminal case be omitted? | ❌ The defendant must be allowed to speak; otherwise, it is a procedural violation | | Are the appeal periods for civil and criminal cases the same? | ❌ Civil is 15 days, Criminal is 10 days |