The Study On Judicial Relief System

Judicial relief system in our country has been neglected by theorists, but with the implementation of the country in recent years with greater efforts , the judicial relief system has gradually been the concern of scholars, but the majority of people put it to the reform and improvement of the cost of litigation system and it can not form a systematic opinion. In addition, scholars are more concerned about the legal aid system, the judiciary relief system is usually neglected. Therefore, A systematical study of Judicial relief system will help the reform and improvement of the judicial system in our country.Although the Judicial relief system is only a small aspect in the judicial system, but it has a great significance in the protection of vulnerable groups close to justice equally, the advancement to the procedural protection mechanism of judicial equal rights , improving the social relief system, promoting the harmonious and stable society and successfully setting up the law-regulating country.Through the study on legislative developments and judicial practice of the judicial relief system , A conclusion is drawn that the system in China has many deficiencies, and a specific proposal of the improvement of the system has been put forward on the basis of it.In addition to the introduction and conclusion, there are three parts in this article:The first part describes an overview of the Judicial relief system, including the concept of Judicial relief system, the distinction between the judicial relief system and legal aid system, Judicial relief system in the process of the origin of the law and development in our country, as well as the basic value and social function of Judicial relief system.The second part of the article introduce the applies to the case of judicial relief system in our country, including the conditions of application , the main application, review procedures and the way aid. Through this part of the content we can know the administration of judicial relief system how to run in the real life in our country. with a view looking of the shortcomings of this system, to develop and improve this system.The third part is the core of this article, it is focused on how to improve our country's judicial relief system. On the basic of the second part of this article , judicial relief system in our country help the operation of real-life existence in the description of some of the issues, as well as on the basis of previous studies , put forward the following four aspects that should to improve of the system: improving the legal basis ,expand the scope of aid, set up the relief process and the establishment of revocation procedures.In this paper, the innovation is possibly made through a more detailed analysis of the system to put forward some constructive proposals as follows: Firstly, to put forward the idea of a system, that is, if the decision of the people's court refusing to provide judicial assistance is, the applicant of judicial aid is entitled to apply for reconsideration to the people's court;Secondly the scope of judicial aid ought to be expanded,and part of ordinary business corporations and other organizations will be put into the help system.The shortcoming of this paper is in the following: because the empirical research is not done on judicial relief work, so there is no actual data of relevant judicial relief for reference, and materials obtained from other published works, thesesis and journals are indirect, Therefore,judicial procedures for some specific help system in pracyice is not well determined yet, so a continuous improvement in the future study and work is necessarily needed.