A Study On The Relief Of Action System Of Our Country

In the sixty and seventy years of the 20th century, the west countries launched a great social movement to protect the economically disadvantaged groups can make access effectively to the justice, they have set up the legal system to protect the litigation rights of the vulnerable groups, for example the legal aids system, the litigation insurance system and the cost of litigation aids system, and these system has been continuously improved in the practice. The judicial aids system's setting up is too late for our country, from "the provisions of the aids" of the Supreme Court in the 2000 to "the approach of the cost of the litigation", eight years have passed, and we can imagine the difficulty of the operation in the absence of the legislative experience and the financial aids. The thesis started with the explain of the concept of the justice aids ,and clarified the relations of the judicial aids and the relief of action and affirmed fully the valuable of the relief of action system, then analysis the question and it's reason of the current relief of action system of our country. In the end of the thesis, I put forward the method of improving our country's relief of action system through profound research and combined with the sophisticated experience of some developed countries.This thesis is divided into five parts, the elements as following:The first part is about the overview of the relief of action system. This part is mainly to explain the concept of the relief of action, then clarifying the difference and connection between the judicial aids and the relief of action, clarifying the relief of action system's development in the history of our country. The Judicial aids and the relief of action are designed to protect the rights of vulnerable groups, but their focuses are different. The main focus of the relief of action for vulnerable groups is to settle the difficulty of the cost of the litigation through the justice, the legal aids for vulnerable groups are mainly focus in the litigation capabilities help, in the present legal system of our country ,we can't confuse the two concepts.The second part is about the valuable of the relief of action system. The Purpose of the relief of action system is to protect the economically vulnerable groups being able to effectively close to the justice, so that they will not be "the rights of the poor" because of economic poverty, it is consistent with "the respect and protection of human rights" of constitutional principles, and consistent with the philosophy of "judicial fairness "and" justice for the people ", it has great practical significance in the building of the harmonious society of our country.The third part is about the status quo of Chinese the relief of action system. This part is mainly to anglicizing and discussing in depth on the question and its reason of the current relief of action system of our country. Because the lack of legislative support and funds, it is difficult to really achieve the purpose of setting up the system; we need the close following of the legislation and the national financial support. The imperfection Content of the provided aids severely restricted the system's function, with the result of the lack of publicity, a considerable part of the parties do not know the existence of the relief of action system, it can't be made use when the proceedings could not be opened with financial difficulties .The fourth part is about the inspection of the foreign relief of action system. Based on the research, this part mainly adopts the method of the Comparative Law. By the inspection and comparison, learns and absorbs the advanced research and results of these countries and the region which have developed relief of action system, for example Germany, Japan. These countries clearly provided the relief of action system of the litigation in the Code of Civil, Guaranteeing the cost of litigation aid system by the state's financial .the content of aids is more detailed, it's easy to operate, so that the system has played a really equal protection of the rights of all judicial of the vulnerable groups.The fifth part is about the considering about the improvement of the relief of action system of our country. This part based on the up research and the present situation of our country, raised the help to improve our country's relief of action system. Our country has the policy that the social security system development should adapt to the economic development, and the policy has been in the Constitution, as apart of the social security, the relief of action system should be included. As a judicial system which protects the litigation rights of vulnerable groups, the relief of action system should be increased by the law of the country, and being supported by the country's financial, Stricter judicial elements, expands the scope of judicial aids targets, improves the aids program, and improves the frequency of the use of the system through the advocacy efforts, so that the system functions and value will be maximized.