On Reforming And Perfecting The Judicial Assistance System In China

The judicial assistance have actuality and profound meaning on equally protecting legal rights and basic human rights of group in inferior position, realizing judicial principle of access to the justice,putting the equal procedure right into practice mechanism,keeping stability and promoting development of the society etc. But along with the institutional and extensive practice of the judicial assistance system,the new circumstance and new problem flows out continuously now. It can't satisfy the people's realistic needs,its development gets behind the process of social development.The paper not only researched on the basic intellection of judicial assistance system, but also investigated the judicial assistance system in other counties and areas, which can provide some experiences to us. There are many things to do to perfect the judicial assistance system. We should solve the problem from the root to the leaves. The basic conditions for the perfection of the system are the root while the specific contents of the system are the leaves. Then what are these basic conditions?(1)The judicial assistance system should be prescribed in "Civil Procedure Law" instead of in judicial explanations;(2)The cost of the judicial assistance system should be bared by the country by means of budgetary appropriation rather than by the individual courts. As for the specific contents of the system, I think the following things should be done:(1) The application range of the system should be extended to the corporations and other entities to ensure their equal rights to sue; (2) The conditions of the application of the system should be specified in order to facilitate the courts' consideration in specific case as to whether to grant relief and which form of relief should be adopted;(3)The procedure to examine and approve the judicial assistance should be standardized to ensure that the relief be granted to the people who most needed it.