Legal Aid + Court Trial Stage (Secondary Importance)

Compiled: May 31, 2026 ⚠️ Marked as secondary importance: Legal aid and court 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. Just understand the concepts; no need to memorize them by rote. ---

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 aided person does not need to pay any fees.

Who Can Apply (Two Categories)

Category 1: Economically Disadvantaged Citizens

• Economic hardship (criteria determined by each province/city)
• Have a reasonable and lawful claim #### Category 2: Parties in Special Cases (No economic hardship requirement) Criminal Cases:
• Blind, deaf, or mute individuals; 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 pensions or relief funds
• Claims for alimony, child support, or spousal support
• Claims for confirmation of labor relations or payment of 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 personality rights
• Claims for civil rights and interests arising from acts of bravery 💡 Mnemonic: Criminal cases: "Disability, Death, Minor" (Disabled, Death penalty, Minor); Civil cases: "State, Social, Pension, Support, Labor, Injury" ### Application Restrictions (Situations Where Application is Not Possible) | Restriction | Explanation | |------|-----| | Not within statutory scope | The claim does not fall within the scope of legal aid | | Not economically disadvantaged | Has the ability to pay for legal services (except for special cases) | | Lack of factual or legal basis | The 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 who may be sentenced to life imprisonment/death | The court shall notify the legal aid agency (mandatory) | | Other economically disadvantaged defendants | May apply for legal aid (apply on their own) | ### Difference from Retaining a Defense Attorney/Representative | | Legal Aid | Retaining a Defense Attorney/Representative | |---|---------|-------------| | Cost | Free | Borne by the party themselves | | Source of Lawyer | Assigned by the legal aid agency | Retained by the party themselves | | Eligibility | Economic hardship or special cases | Anyone | ### Common Exam Traps | Common Mistake | Correct Understanding | |--------|---------| | Legal aid only applies to criminal cases? | ❌ It can also be applied for in civil and administrative cases | | All minors automatically get legal aid? | ❌ In criminal cases, the court shall notify; in civil cases, an application is still required | | Anyone who is economically disadvantaged can apply freely? | ❌ The claim must also 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 treated as withdrawn
  • Defendant absent → Trial in absentia
• 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 is there
• Defendant's statement: Whether they admit or deny the claim, and the grounds for rebuttal
• Both sides present evidence; the other side can cross-examine (find faults with 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: "The plaintiff is wrong; I have reason XX"
• Debate focuses on the points of contention Step 4: Final Statements (Last Word)
• 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 → They speak → Present evidence → Debate → 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 their right to apply for recusal and to retain a defense attorney Step 2: Court Investigation (Establishing the Facts)
• The prosecutor (Procuratorate) reads the indictment: "The defendant committed crime 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 attorney cross-examine (find faults with the prosecution's evidence)
• The defendant's side can also present evidence (e.g., proving an alibi) Step 3: Court Debate (Whether it Constitutes a Crime)
• Prosecutor: "The defendant's actions constitute crime XX and should be sentenced to XX"
• Defense attorney: "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 → Defendant's final word → Judgment --- ### Civil vs. Criminal Comparison | | Civil | Criminal | |---|------|------| | Who sues whom | Plaintiff sues defendant (individual vs. individual) | Procuratorate sues defendant (state vs. individual) | | Opening | Plaintiff and defendant each make statements | Prosecutor reads the indictment | | Investigation stage | 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 it constitutes a crime / Severity of sentence | | Final statement | One statement from each side | Defendant has the final word (cannot be deprived) | | Appeal period | 15 days | 10 days | ### Common Exam Traps | Common Mistake | Correct Understanding | |--------|---------| | In criminal cases, the victim sues the defendant? | ❌ The Procuratorate initiates the public prosecution | | If the civil plaintiff is absent, can a default judgment be entered? | ❌ If the plaintiff is absent, the case is treated as withdrawn; default judgment is only for the defendant's absence | | Can the defendant's 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 the same for civil and criminal cases? | ❌ Civil: 15 days; Criminal: 10 days |