International Access To Justice Study

As the more and more frequent intercommunication, the civil action is no longer confined to the parties in a nation. How to deal with such a group, who needs to participate in international civil litigation, but as the economic difficulties that unable to enter the proceedings and get the help of counsel, cannot understand such professional and obscure legal issues, particularly in the presence of foreign elements in the legal dispute which involves more professional, more complex. Therefore, on and through study to improve the system of international judicial aid can undoubtedly give those parties grate offer. This can not only make disputes timely and effective settled but also safeguard and promote intercommunication go on smoothly.However, there is a greater difference among all the countries in political, economic, and cultural. Differences bring unique and even conflict of countries' justice relief system in the Legislative Council and stylistic characteristics of the overall system, the judicial aid conditions, judicial aid and the achievement of the content, judicial aid procedures. In order to ease the conflict, ensure all parties' basic interests of relief and coordinate the relief system of each country, so it is necessary.This paper based on such a formal reality, under development and the origins of theoretical foundation, through analysis and comparison of national legislation and international treaties, gives advice to build the judicial aid with Chinese characteristics on principles of international judicial aid, the implementation of conditions, the operational procedures respectively. The paper is composed of introduction, body and conclusion. And the body is divided into five parts:Part one, tracing back. A system can not be constructed without the support of history, and international judicial aid is no exception. First, it's beginning from the historical origin; explains the international judicial aid with the development of track from "charitable anchored to the judicial assistance" to a "rights-based judicial assistance" to the international judicial aid. The second part, principles. In this part it analyzed the practice patterns of international judicial aid, and summarized three principles in the international judicial, namely the protection of human rights, the principle of national treatment and the principle of reciprocity.The third part, entities. It discusses the specific elements of implementing international judicial aid, including the scope of the case of international judicial aid, the object and objective criteria. It advocates that the foreigner legal person will be the object of judicial aid, while the objective standards is try to pursue the operable approach.The fourth part, procedures. Procedure is the protection of achieving entities. The smoothly carrying out the international judicial aid without the help of its procedures, which includes the determination of jurisdiction, the submission of applications for judicial aid, judicial aid conditions and the review of the implementation of the final aid, they are linked together and cannot be cut.Part five, ideas and construction. First of all, it analyzes the problems and imperfections of China's international judicial aid. Then it puts forward the system of its legislation, and discusses its special problems.