The legal aid system is a legal support system by which the State exempts, reduces or defers the payment of litigation fees that should be made by parties who cannot afford litigation fees due to economic difficulties or parties to specified cases, and provides them with legal services. The legal aid system of China has become more and more significant for the protection of lawful rights and interests of the needy and disadvantaged parties, the guarantee of human rights and the promotion of judicial justice.

Since the Ministry of Justice of China proposed a legal aid system with Chinese characteristics in early 1994, the legal aid system of China has made rapid progress and produced great influence. Especially, Regulations on Legal Aid were promulgated on July 21, 2003 and become effective as of September 1, 2003. Regulations on Legal Aid are the first of their kind specially prescribing legal aid nationwide. They are the basic legal provisions on China's legal aid system, and have great significance for the government to ensure the access of citizens in economic difficulty to necessary legal aid and promote and standardise the legal aid work. In accordance with the provisions of the Regulations on Legal Aid, legal matters such as criminal, civil and administrative proceedings and non-litigation matters are all within the scope of legal aid.

The subjects of legal aid shall meet the following conditions: (1) in real economic difficulty: they cannot afford legal services fees and litigation fees partially or totally; (2) for merits of the case: it is adequately proved that they need legal assistance in protection of their lawful rights and interests. Additionally, the disadvantaged in certain classes of society can obtain legal aid in accordance with law.

The scope of legal aid falls into two categories. (I) Criminal cases: (1) if a case is brought in court by the public prosecutor and the defendant has not yet entrusted anyone to be his defender due to economic difficulty or other reasons, the people's court may designate a lawyer undertaking legal aid obligation to present a defence for him; (2) if the defendant is blind, deaf, mute or a minor and has not yet entrusted a defender, the people's court shall designate a lawyer undertaking legal aid obligation to present a defence for him; (3) if the defendant may be sentenced to death penalty and has not yet entrusted anyone to be his defender, the people's court shall designate a lawyer undertaking legal aid obligation to present a defence for him. (II) Civil and administrative cases: (1) claim for State compensation according to law; (2) claim for social insurance benefits or minimum subsistence allowances; (3) claim for allowances for bereft families and social relief; (4) claim for payment of maintenance for a parent, child, spouse, or any other dependent; (5) claim for pay for work; and (6) claim for civil rights and interests arising from acts of justice and courage.

The procedure for legal aid refers to steps that should be followed by the legal aid institutions implementing legal assistance for aided persons. (1) Application is the first necessary step for a citizen to obtain legal aid. An applicant who applies for legal aid shall fill out a Legal Aid Application Form, clearly stating the following particulars: the basic information of the applicant; facts and causes for legal aid application; economic status of the applicant; a list of proofs and certifying documents submitted by the applicant; and a statement of the applicant on the authentication of proofs and certifying documents submitted by him. (2) Legal aid examination means that a legal aid institution vested with examination power examines legal aid applications of the parties and designations of legal aid for criminal cases on the basis of the conditions, scope of legal aid and other criteria for legal aid. The legal aid examination organs are legal aid centres under the judicial administration departments at various levels. (3) Implementation of legal aid refers to a period of time after a legal aid institution completed the examination of a legal aid application and decided to grant legal aid. The work to be done during this period of time refers to: assign a lawyer or other legal aid personnel; calculate and pay fees for a legal aid case; terminate legal aid in the course of implementation; file materials of the case and check the assignment upon close of the case; settle the expenses for personnel handling the case, etc.

The rights of legal aid personnel are deemed as important safeguards for legal aid personnel to perform their functions and duties in accordance with law and serve well aided persons in providing legal aid, including the right to support and assistance from the legal aid institution; the right to compensation and remuneration from the State; the right to consult the materials pertaining to the case, investigate the case and collect evidence; the right to refuse to provide or suspend legal aid; the right to other safeguards required for performance of functions and duties of legal aid. The obligations of legal aid personnel are as follows: the obligation to protect the lawful rights and interests of aided persons in a responsible manner; the obligation not to refuse to handle the matters relating to legal aid or not to delay or suspend handling them without good reason; the obligation to inform in time the aided person of the progress in handling matters relating to legal aid; the obligation to keep confidential secrets of the State and the privacy of the party concerned that he comes to know in implementing legal aid; the obligation to accept supervision conscientiously in implementing legal aid.