In civil court cases there are some poor people. They may be plaintiffs or defendants, but all share a common desire to find justice. Therefore, they have pursued the "to the end" lawsuit, which sometimes results in unexpected results. Therefore, the role of lawyers and the Provincial State Legal Aid Center is becoming more and more important, not only helping the poor understand the legal policies of the State but also helping them access social services.
Lawyers, facilitators participate in legal aid for the poor
In need of lawyers for the poor
Lawyer Pham Huu Tinh, Pham Huu Tinh's Law Office, said: "For the poor, following a sentence is overwhelming because the cost of the lawsuit is often too high. In legal advisory services, lawyer's offices, those who need legal advice often have to pay in minutes, if they borrow lawyers to pursue a lawsuit, the client must pay a small amount depending on complexity of the case, but the amount must be paid at least 10 million VND / case. High costs have made the poor no longer think of the intention to bring a petition even if they know they can win. Or when a decision is made to bring a petition, it is known that the lawsuit period has expired. That is the case of Mrs. Nguyen Thi Ng., In Thuan An town. Although banned by his family, Mr. Le Van Kh. and Ms. Nguyen Thi Ng. still living together as husband and wife but not married. During the violence, Mr. Kh. He left behind a spacious house, 500m2 of land in Lai Thieu Ward and 5 children (2 children of Mrs. Ng and 3 deceased wife's children). Kh's mother. which did not agree with Mrs. Ng. being a daughter-in-law, she was determined not to accept Mrs. Ng's two children. is grandson, so Mr. Kh's property. only divided by 3 of her children. Warmth, Mrs. Ng. She did not know who to ask for help, and she did not want to "wear clothes for people to watch her back", so she returned to her hometown. After nearly 10 years passed, Mrs. Ng. again decided to bring the petition, but the deadline for claiming the inheritance was over, the victory slipped out of hand. Ms. Ng. I had to pity when all my efforts with my late husband were pouring into the sea.
Joining the defense for the poor for many years, lawyer Le Minh Luan, Nam Phong Binh Duong Law Office, said: "The poor participate in lawsuits but do not understand the steps to sue, so they have to travel. many times, take time, effort, money. Moreover, they often lack important evidence related to the issue they want to sue, while the evidence is trivial, so they are often embarrassed before the Trial Panel. Giving the wrong request should not be satisfied with the result of the court, but bring the first-instance and appellate case to the highest level, which is also not effective.
In fact, in recent years, the Department of Justice and Legal Aid Center have always promoted the dissemination of mobile legal aid to poor households, people in remote areas and ethnic minorities in order to improve understanding. know the law. Since the new criteria for poor households have been applied by the province, the number of poor households has also increased. Besides a number of lawyers actively involved in legal aid, the lawyers' voluntary defense for the poor is still too thin.
The support of the poor
Talking to us about this issue, Ms. Le Thi Hong Nhung, Deputy Director of the Provincial State Legal Aid Center, said: “Currently, the need for legal aid of the poor continuously increases rapidly. when the number of lawyers involved in the center does not meet the need to make the rights of the poor unenforceable, some cases of support are still outstanding, despite the members of the center. tried. At present, the center is mobilizing and encouraging lawyers to participate in legal proceedings and defense to protect the legitimate rights and interests of the poor, to show the justice of the law and to help the law go into life.”
Typically, the case of Mrs. Phan Thi Anh T., in Phu An, Ben Cat town is a poor object given by the center to protect lawyers' rights in claiming property. According to the total expenditure, Mrs. T.'s family has 4 siblings. When she was alive, her parents created a land of 8,600m2. In 1994, her family transferred to Mr. Hoang Khac L. part of the land. Four years later, her parents died, leaving no will for their children. In 1999, the third child and the youngest brother transferred the remaining land to Mr. Th., Living in Hamlet 4, Tan Hung Commune. After the transfer, the youngest brother left home. In 2001, Mr. Th. transfer this land to Mr. D. Next, Mr. D. transferred to Mr. Th, then planted 50 more rubber trees and built a fence, granted a land use right certificate by Ben Cat Town People's Committee. Mrs. T. filed a complaint and sued Mr. Th. With the center's legal aid consultation, the Trial Panel accepted Mrs. T.'s petition, forcing Mr. Th. return the land to the family of Mrs. T. and Mrs. T. to compensate the amount corresponding to the value of the rubber tree and the fence that Mr. Th. built on her land.
“Through mobile legal aid sessions, people's awareness of law has not only been raised but also connected with the village's neighbors, minimizing long-term complaints and surpassing levels. Achieving the above result is the effort of the whole Provincial Legal Aid Center on the journey to help the poor access basic social services ”, Ms. Le Thi Hong Nhung, Deputy Director of the Center Provincial state legal aid said.
Reported by Kim Ha – Translated by Vi Bao
