Study On The Substantial Judicial Relief System Of The Country

The judicial relief system is an important way for the state to respect and protect human rights and safeguard social fairness and justice.In 2014,the central committee of the joint of two higher departments issued "about the opinions of the national judicial relief system with perfect establishment(try out)",the first clear the concept of "national judicial assistance system,define the nature of the national judicial relief,expand the connotation of legal aid.The scope of judicial relief from litigation costs sharply slow,to avoid,reduce,extended to criminal litigation,civil litigation,executing,complaint involving lawsuit in areas such as difficulty emergency rescue,its theory support and system guarantee needs to be further perfected.In this context,I alone choose discussions in the "national judicial assistance system" substantive national judicial assistance system is of great significance,help the whole judicial assistance system under the rule of law is completed and perfected.In this paper,we carry out the research on the legal aid system of China's substantive state by adhering to the problems,analyzing problems and proposing countermeasures.First of all,the article starting from the connotation of clear substantive national judicial assistance system,analyzes its characteristics,and compared with other related systems,strengthen our understanding of the substantive national judicial assistance system and cognition.Secondly,it analyzes the theoretical basis of the judicial rescue system of the substantive state,and then probes into the system's due process benchmark,and has a preliminary understanding of the system's response.All over again to the court on the basis of the practical data analyses the substantive operation condition of the national judicial assistance system in our country,a series of problems and difficulties have been found,for example,cognizance standard is too abstract,too much practice at the discretion of the court;For example,it is difficult to connect with other rescue systems,causing cumbersome procedures and not conducive to the maintenance of the rights and interests of the parties.Finally,according to the analysis of the present situation and the existing problems and discusses,targeted propose some countermeasures and methods to solve these difficulties,hope to be able to in the improvement of the system of national legal aid render gave his.