Research On Judicial Appraisal Rescue System In China

Judicial appraisal is an important method of evidence investigation and an important part of the evidence system.However,in judicial practice,many parties cannot defend their legal rights and interests through judicial appraisal because they cannot afford appraisal costs.The judicial authentication assistance system urgently needs to be established and perfected,and the judicial appraisal assistance system should be incorporated into the unified management of the legal assistance system.Legal aid is an important way to safeguard judicial justice and protect citizens’ legitimate rights and interests.Legal aid has achieved long-term development since the outline of the National Tenth Five-Year Plan was determined as a social development goal.The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China,by deciding on a number of major issues governing the country according to law,proposed to improve the legal aid system,improve the judicial assistance system,and make major arrangements for promoting the development of legal aid.In June 2015,"Opinions on Perfecting the Legal Aid System" proposed to further strengthen legal aid work and improve the socialist legal aid system with Chinese characteristics.Legal aid already has a relatively complete system,and some places have made system construction to improve the quality of aid.In 2014,the Shanghai Legal Aid Center conducted extensive research and established a civil legal aid standard system,which provides for basic service standards,service guarantees,and service provision.However,Judicial appraisal assistance is still not systematic and scale-wide,and there are no national laws and regulations to regulate this.Judicial appraisal assistance is a relatively lagging part of our judicial system.In many cases,the parties need to protect their legitimate rights and interests through forensic appraisal,but they do not have the right to start an appraisal,and the state’s ability to provide Judicial appraisal assistance is not enough,which in fact exacerbates the contradiction between supply and demand of Judicial appraisal work.At the same time,there is also a need to balance the market-oriented operation requirements of the aid Judicial appraisal institutions with the responsibility of public welfare.This situation affects the functioning of the judicial appraisal assistance system and is not conducive to achieving judicial justice and social harmony.The establishment of a judicial appraisal assistance system is a requirement for comprehensively advancing the construction of the socialist rule of law in our country,a requirement for guaranteeing judicial justice and achieving social fairness and justice,and also a requirement for the development of aninternationalized rule of law.This article is divided into three chapters in addition to the introduction.The first chapter mainly discusses the basic theory of legal aid and judicial appraisal aid system.The theory is the basis of the system’s operation.This part mainly explains the legal aid,the legal aid system’s development from development,legal aid legislation,judicial appraisal,and judicial appraisal,and other key concepts,and the relationship between judicial appraisal assistance and legal aid.The second chapter mainly discusses the current situation of judicial appraisal assistance.Including the status quo of the system and the problems in practical work.The main reasons are the low level of legislation,large differences in local systems.In addition,in practice,there are problems such as unclear aid subjects,incomplete procedures,and difficult funding guarantees.Through in-depth research,find problems,find out deficiencies,and create conditions for the establishment of a judicial identification assistance system.The third chapter mainly discusses the suggestions for constructing the judicial appraisal assistance system in China.The improvement of China’s judicial appraisal assistance system requires the analysis of the existing relevant laws and regulations to analyze the existing problems of current judicial appraisal assistance,from the expansion of diversified subjects of judicial appraisal assistance,the improvement of judicial appraisal assistance procedures,and the establishment of a judicial appraisal aid funding guarantee system And improve the system design in terms of guaranteeing the quality of judicial appraisal assistance.The focus of this article is on the problems existing in China’s current Judicial appraisal assistance system and suggestions for constructing the system.