The Thought To The Construct Of Judicial Rescue System In Civil Proceeding In China

Litigious right is one of the citizen's basic constitutional right. Resorting to judicial remedies is the basic request for citizen to protect human rights. People who want to file an action must burden certain amount costs of litigation in most states or districts. Many people are unable or unwilling to enter the suit because they can't afford litigation costs, and the phenomenon that "the costs repel the lawsuit" has appeared, a lot of people can't realize their rights equally. Therefore, it's government's duty to provide people equal chances to use judicial resources. Legal aid and exemption of litigation costs are adopted to safeguard the poors' litigious rights in most states or districts. Legislations on judicial rescue system in our country has been revised times and improved a lot. However, there are still problems to resolve. This system in civil proceeding cound't display the functions. This article analyzes the theoretical basis of this system and the current problems of judicial rescue system by comparing those systems of other states and districts. Basing on the above-mentioned steps ,it is realizable to design a set of fairly complete procedure of judicial rescue system.