On The Trial Of Judicial Aid Cases

In our country,the concept of "judicial aid" was formally put forward for the first time in the Supplementary Provisions of the People's Courts on Procedural Charges promulgated by the Supreme People's Court in July 1999.As a new type of case,the case of "judicial aid" was formally incorporated into the scope of business handled by the people's court.It is the Supreme People's Court that promulgated the "Several Provisions Concerning the Cases number of People's Court Cases." The "Several Provisions" are only applicable to judicial aid cases Name and code standards,did not explain its connotation and boundary in detail,and did not mark the relevant legal norms.The "Several Provisions" came into effect on January 1,2016.In order to safeguard the legitimate rights and interests of the parties concerned and promote social harmony and stability,the Central Government has called for the reform of the judicial aid system and the people's court to earnestly standardize trials and implement the national judicial aid work for the needy people,resulting in a new type of judicial aid case.Judicial aid case trial mode is still at the exploratory stage.The paper is divided into four parts: The first part introduces the basic facts of the three cases of judicial aid and the controversial issues caused by the trial of the case.Around the controversial issues(such as the judicial aid applicants on the review of the controversy: the same as the people's court to inform the application,why some rescue,some did not give relief,the application results are very different,what is the review criteria,what is the decision criteria),leads to the reality of the judicial distress case hearing the dilemma.The second part starts with the judicial practice and objectively analyzes the specific performance of judicial aid case trial dilemma.The third part continues the second parts,analyzes the causes of the plight of judicial aid case trial: the theoretical research is not deep,the legislation is lack of unified norms,and the judicial practice is inefficient.In the fourth part,based on the national conditions,the author puts forward suggestions respectively from theoretical analysis,legislation of judicial aid system and promoting the efficient operation of judicial practice,so as to promote the further standardization of judicial aid cases trial.