Research On National Judicial Aid Procedure

In 2014,China issued and implemented “Opinions on the Establishment of a Sound National Judicial Aid System(for Trial Implementation)”(the Political Bureau of the CPC Central Committee [2014] No.3)(hereinafter referred to as Opinions(Trial)),and then the Supreme People’s Court and the Supreme People’s Procuratorate issued “the Opinions of the Supreme People’s court on Strengthening and Regulating Judicial Aid Work of National People’s Court”,“the Detailed Working Rules for the Judicial Aid of the State Conducted by People’s Procuratorates(for Trial Implementation)”respectively.The provinces also formulate the measures for the implementation of regional judicial aid system in accordance with“Opinions(Trial)”.China’s judicial aid system starts from scratch and goes through the development processes from unfamiliarity to acceptance,from theory to practice and from pilot plots to the central government’s extension,which has obtained good achievement.However,the national judicial aid procedure of our country is still imperfect in practice,such as unreasonable startup procedure,non-unified approval process,undisciplined execution procedures,imperfect aid procedures and so on.In addition,the thesis compares judicial aid procedure in Britain,the United States,Germany,Japan,South Korea,and China’s Hong Kong and Taiwan,and then analysize its reference value to our country.Based on China’s national judicial aid procedure of legislation and the judicial status quo,combining with the judicial practical experience outside of the domain and aiming at further improving the national judicial aid procedure,the thesis analyzes the defects and reasons in current national judicial aid procedure and puts forward the ideas on perfecting the national legal aid procedure in four aspects,namely improving the legislation system,setting up startup procedure scientifically,constructing scientific examination and approval procedures,establishing perfect supervision mechanism.The thesis is to promote the improvement and development of the national judicial aid system in China,realize the standardization and institutionalization of national judicial aid work.By these,the victims can get out of their predicament and the fairness and justice can be realized.