Empirical Analysis On Judicial Aid System Operation In China

National judicial aid is an auxiliary relief measure of giving victims or their near relatives compensation who can’t obtain effective indemnity through litigation.It is also an important standard for measuring the process of legalization of democracy.Under the guidance of nation-level policies,national judicial aid implementation opinions or details have developed and issued in succession all over our country and a relatively complete system has been basically formed.On the one hand,it makes the court decision get rid of the embarrassment of "legal blank note" and strengthens the authority of law;on the other hand,there are practical problems such as the regional differences of the aid capital,unbalanced distribution,different aid standards,"favor"aid,"bean shying" aid and so on.Through empirical analysis on relative cases and data in the judicial aid implementation,based on the respect towards the current judicial aid,trying to take solving the problems of national judicial aid in respects of aid standards,aid capital,aid procedures,etc.,as the start point,this paper rethinks the applicable theoretical problems of the system during the implementing process,strives to add and correct the missing and deficient parts of the system,provides helpful reference for the successful development of national judicial aid,so as to further conform to the idea of protecting human rights of judicial system with Chinese characteristics socialism.This paper is mainly divided into four parts:the first part is the general theory of national judicial aid;through summarizing the connotation of the evolution of national judicial aid,analyzing its evolution path and motivation to further clarify the position and function of national judicial aid.The next three parts are the major parts of the paper;starting with the aid application cases,conduct analysis through case introduction and various problems caused by the national judicial aid application situation of the victims and their near relatives.At the same time,taking the situation of national judicial aid carried out in L City during 2014 to 2016 as the blueprint based on practices,the parts reflect the current judicial aid situation by using data research.On the basis of case and data analysis,starting with national judicial aid standards,aid capital and aid procedures,discussing the operation of national judicial aid from the perspective of positivism,to further clarify the development path of the system.