On The Implementation Relief System Of Judicial Assistance In China

The life of law is rooted in its implementation,and the last line to uphold the justice of trial is enforcement.In recent years,the issue of enforcement has become a difficult problem that judicial practice departments are trying to overcome.The problem of enforcement has challenged the improvement of judicial credibility and the maintenance of legal authority.In the face of the fact that more and more applicants in particularly difficulty whose rights in practice cannot be realized,implementation relief and related systems emerge as the times require,which is also an effective way to solve the implementation problem.At present,there is no uniform legislation for the implementation of relief in China.However,in order to carry out the spirit of relevant documents on judicial reform of the Central Committee,some practices have been explored and sought in different areas.It is noteworthy that,with the increasing number of cases about implementation of relief,the degree of relevant theoretical research is obviously not deep enough.For example,the more prominent question is about the nature of the implementation of relief,whether it is classified as social relief or judicial relief,or independent relief theory.Except the theoretical significance,the study of this issue is also directly related to whether the main body of the implementation of relief should be the judicial department or the administrative department.Based on the above considerations,this paper intends to study the concept and nature of the implementation of relief system,determine its theoretical and practical significance as judicial assistance.Then,to clarify the value of the system and the existing provisions of the law,and explore the institutional value of the implementation of relief.Because only by defining the purpose and significance of the system can we understand the legal spirit behind it.Next,this paper will analyze the different practices of the courts in the process of implementation of relief cases from a practical point of view,as well as their respective social effects,so as to clarify its shortcomings in practice,and put forward the author's own analysis and interpretation of the reasons.Thirdly,this paper will discuss the methods and suggestions to solve these problems,such as the determination of the relief subject and object,the standards and procedures of granting the enforcement of relief funds and the differences in the filing standards and substantive review,etc.Finally,aiming at the implementation of relief insurance in practice and public welfare crowdfunding introducing a new mechanism for implementing relief insurance,the feasibility of its theory and practice is analyzed.