Judicial Relief System

Judicial relief system is established to fairly protect the economical disadvantaged group from hardly getting access to justice because of economic reasons. In terms of institution, judicial relief system is an important part of the lawsuit fee system; on the other hand, it and legal aid system are complementarities to each other, guaranteeing the parties right to fairly approach justice together. However, this system's value is not limited to that. Although it is a small topic in civil procedural law study, it is born with great constitutional foundations. The author begins with constitutional theory, trying to illustrate the huge academic and practical value of the system though the economic study. Later on, the author observes this system's legislative development and judicial status quo, and points out many loopholes of this system exist in our country. Subsequently, the thesis compares and analyzes the whole system from the angle of its application and function, and provides some constructive proposals in terms of the realistic condition and judicial status quo in our country.The thesis is divided in to following five chapters:In Chapter One, the judicial relief system is generally introduced. The thesis mainly distinguishes the concept of judicial relief from some other concepts, such as legal aid, in order to draw a clear picture of the whole system. Then it studies the history of judicial relief system and how this system develops in China. In the meanwhile, the legislative review during the study helps readers get a primary impress of the system.In Chapter Two, the theory of judicial relief system is analyzed. The author makes efforts to clarify the theoretic base of this system, not only from civil procedural law but also from constitution law's point of view, analyzing this system. In the third part of this chapter, the author emphasizes the realistic meaning of the system through economic study.In Chapter Three, the application of the judicial relief system is discussed. This chapter together with Chapter Four observes the content of judicial relief system from different angles. This chapter mostly talks about the way to realize, parties to apply and the requirement for the application, and makes comparison among the system's different conditions in different historical terms domestically and compares it with foreign laws. Then disadvantages are analyzed and the relevant content is discussed preliminarily.The Chapter Four is the content of judicial relief system's function. Responding to Chapter Three, the procedure of review, valid, setting aside and rescue are discussed, in order to realize the improvement of this system.The title of Chapter Five is the study of relevant issues concerning judicial relief system. Although the title is general, the content of this chapter is related to the improvement of the system. The author chooses the legislative authority, cost burden and cooperation among judicial regions as emphases to study, further discusses the important issues influencing on the development of this system.