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On The Connection Between National Judicial Assistance And Legal Ai

Posted on:2024-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:M J LiuFull Text:PDF
GTID:2556307094998519Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Both the national judicial aid system and the legal aid system are important systems in the judicial field that are committed to safeguarding social fairness and justice and safeguarding the interests of people in economic difficulties.The aim is to bring the fruits of social development to every people.Judging from the current development of China,judicial aid and legal aid are the focus of the current judicial system reform,which also shows the state’s concern and care for vulnerable groups with economic difficulties.Thanks to the unremitting efforts of the national legislature and judicial administrative organs at all levels,the development of the judicial aid and legal aid system has made great progress,the content has undergone major changes,and the scope has also been extended,successfully freeing many people from economic difficulties from their difficult situation,and further consolidating the credibility of the national judiciary.This article is divided into four parts.The first part is the introduction part,which mainly introduces the research background,research status,research methods and innovation points.The second part is mainly an overview of the judicial aid and legal aid systems,and elaborates on the concepts and basic principles of the two.The third part mainly discusses the necessity of institutional cohesion,judicial aid and legal aid have a common value basis and legal foundation,the value basis is the protection of human rights,based on the requirements of the principle of equality and the maintenance of social fairness and justice.The legal basis is that both are national and public welfare.However,because the national judicial aid system and the legal aid system belong to two unrelated systems,the applicable laws are inconsistent,the connection is not close and smooth,the application process is complicated and cumbersome,the determination of economic hardship standards is different,the source of funds is small,the funding guarantee is not in place,resulting in serious inefficiency of aid,which greatly reduces the implementation effect of assistance in reality,and cannot fully play the role that the state has set to provide relief to the people in need.Therefore,it is particularly important to build a connection mechanism between the national judicial aid system and the legal aid system.The fourth part mainly focuses on the current implementation status of the rescue system,combined with the useful experience of other foreign national systems,explores the feasibility of connection from the historical development process of China’s rescue and assistance and its common theoretical basis,and gives certain implementation suggestions,that is,formulating unified national laws,streamlining application procedures,strengthening inter-organizational coordination,unifying case acceptance standards,and broadening funding sources.
Keywords/Search Tags:Access to justice, Legal aid, Economic difficulties, Vulnerable groups
PDF Full Text Request
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