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Judicial Relief Legal Issues Research In China

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330545959392Subject:Law
Abstract/Summary:PDF Full Text Request
The continuous reform and improvement of the judicial assistance system conforms to the inevitable trend of international judicial development.It has,to a certain extent,solved the difficulties of special difficulties groups in litigation,enforcement,etc.,increased the humanity of the judicial system,and corrected the justice.It has an important positive effect in achieving justice.By investigating the current situation of China's current judicial assistance,and combining a large number of cases in practice,we can find that China's judicial assistance system has great deficiencies and is not conducive to the full play of the role of the judicial assistance system.The main problems include: lagging judicial assistance concept,lack of unified legislation,limited conditions and scope of judicial assistance,ambiguous legal provisions,non-standard examination and approval procedures,lack of remedial and supervisory mechanisms,difficulties in financial security,lack of judicial assistance,and other assistance The effective convergence and so on,so China's judicial assistance needs to be perfected in the system.To improve China's judicial assistance system,first of all,it is necessary to reconstruct the concept of China's judicial assistance,reverse the utilitarian ideological cognition,shift from appeasement to ownership,establish the position of citizen's rights as the main body,and the legally subrogated responsibility assumed by the state.Secondly,in the improvement of specific systems,the judicial assistance system shall be continuously upgraded in the legal hierarchy;the scope and scope of judicial assistance shall be expanded;the provisions in laws and regulations shall be clarified,and the vague provisions such as "living difficulties" shall be determined.Specific standards;taking into account entities and procedures,standardizing the national judicial rescue procedures;establishing and improving legal supervision mechanisms;enriching sources of funding sources;effective judicial assistance,effective linkage and connection of legal assistance and social assistance.In order to better improve China's judicial assistance system and human rights judicial guarantees,and to bring into play the practicality and timeliness of the role of judicial assistance,effectively protect the eople's access to timely and impartial aid in the face of legal issues or rights violations,in every jurisdiction.The case feels fairness and justice.
Keywords/Search Tags:Judicial assistance, litigation rights, subrogation responsibility
PDF Full Text Request
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