The Legal Aid System Of China

In recent years,the judicial assistance system in China has achieved great progress in the pilot practice,help the character and connotation have profound changes,from the traditional litigation assistance to criminal victim assistance,to include law and petition relief and civil tort relief relief type national judicial assistance,to further broaden the scope of relief.With the characteristics of the Chinese marks the establishment of the judicial relief system.From the practice of China's existing relief,the legal relief system in China started late,development is not mature enough,although the top-down pilot accumulated rich experience,promote the perfection of the system,but because of the different levels of economic development in provinces and cities,The degree of attention to the relief work is different,choose the object of relief assistance in the case,determine the amount of relief,relief funds,relief and other aspects of the exercise of the right to decide,are still unable to achieve unity,will inevitably lead to operational problems need to be explored and improved further.This paper from the judicial relief for example,analysis of the causes of the judicial relief system,thinking about the practical problems of the judicial relief system in China,such as the judicial relief should be carried out in court according to the law and petition relief necessity,family injury crime is included in the scope of the case of judicial relief so,need to constantly improve,improve the operability of the system.Secondly,starting from the concept of judicial relief system,analyzing the connotation of judicial relief system in our country,the development process and current situation,from the scope of relief,rescue object,help the program analysis of the existing problems of China's judicial relief system,such as the lack of national legislation,lack of practical assistance,relief funds lack of security the lack of design,the recovery procedure after the rescue.Finally,for perfecting the judicial assistance system in China put forward specific ideas: one is to improve the judicial relief system of legislation,the establishment of the national judicial assistance law,unified top-down,uniform provisions of judicial relief standards,methods and conditions;two is a diversified relief way simultaneously,Actively promote the judicial aid and other relief ways combined,improve the social security system,and effectively solve the real problem;three is the implementation of clear relief decisions,for preventing dispersion of decision aid,affect the rescue work efficiency,waste of judicial resources;four is the multi-channel security assistance funds,now the source of judicial relief funds mainlyrely on financial funding should actively broaden the sources of funds,to prevent aid agencies due to insufficient funds "selection assistance","human assistance",affect the rescue effect;five is the standard procedures set up relief rights,the right to relief should be given for assistance,national rights,to give aid applicants The right to apply for reconsideration,ensure judicial relief rights;six is to give the country the right of subrogation,set the recovery procedures,to prevent the state compensation liability for bear,promote the return of judicial relief funds,reduce the financial burden.