Study On China’s Criminal Justice Assistance System

The criminal judicial assistance system refers to a system in which the State takes certain monetary or material measures to provide assistance to victims and their close relatives in order to resolve the difficulties they face in life when they have been victimized by a crime and cannot obtain effective compensation through litigation.Criminal judicial assistance belongs to the scope of the judicial assistance system.Its theoretical basis has different doctrines,including the state’s legal responsibility,social welfare,social insurance,crime prevention,governmental interests,etc.The criminal judicial assistance system in China originates from the judicial organs.China’s criminal judicial assistance system originated from the judicial organs in the long-term judicial practice process of groping,from the end of the last century for the implementation of the difficult life of the parties to the litigation costs,reduced and exempted from paying,officially put forward the concept of "judicial assistance",to the gradual introduction of criminal victims,civil torts,the relevant content of the protection of tortfeasors.At present,China’s criminal judicial assistance system lacks a unified legal basis;a single source of funding;the lack of supervision of criminal judicial assistance and so on.China’s criminal judicial assistance system requires the formulation of the Criminal Judicial Assistance Act,which clarifies the scope and standards of criminal judicial assistance;establishes a criminal judicial assistance work mechanism,sets up a clear assistance authority,establishes an informationsharing mechanism for assistance,reduces the cost of collaboration between different departments,and strengthens supervision of the assistance work;clarifies the mode of assistance and adopts a diversified approach to assistance;optimizes the source of funds,and establishes a national-level mechanism for the provision of criminal judicial assistance.The implementation of insurance for assistance,the strengthening of cooperation with charitable organizations and the use of part of the prison population’s income from work as a source of funding for criminal justice assistance.