On The Perfection Of The Judicial Assistance System Of The People's Court

In the West,there is a proverb "Belated justice and injustice." The judicial assistance system is born to further guarantee justice.The judicial assistance system focuses on"rescue the first aid".The primary purpose is to rescue the emergency.It is really urgent for the economy.The parties to help.However,in the judicial assistance process of the people's court,the legal provisions on judicial assistance are incomplete,the standards of judicial assistance are ambiguous,the scope is too narrow,the procedures are lacking,the source of assistance funds is insufficient,and there is no relief and supervision mechanism.The effect of assistance has been greatly reduced,and the judicial assistance system has not exerted its due value.This article examines the origin and development of the judicial assistance system,and explores the meaning of the judicial assistance system of the people's court.The meaning of the judicial assistance system is broad and narrow.The judicial assistance system of the people's court has developed judicial assistance for the reduction of litigation costs through development.The two-dimensional judicial assistance system coexisting with the national judicial assistance system.Further study the differences between the judicial assistance system of the people's court and other judicial assistance systems such as the people's procuratorate's judicial assistance system,legal aid,social assistance,etc.,in order to explore the significance of the judicial assistance system.It has guaranteed judicial authority and eased social conflicts.Secondly,this paper analyzes the similarities and differences of judicial assistance systems in various regions by examining the judicial assistance systems in Britain,the United States and Continental law systems in foreign countries,France,Germany,Japan and Taiwan in China.Immediately after that,the legislative and judicial status of the judicial assistance system of the People's Court of China was examined.After searching the laws and regulations and regulatory documents on judicial assistance nationwide and in provinces and cities,understanding the practice of judicial assistance,and retrieving representative provincial and municipal justice The distribution of bailout funds has further found a series of problems in the legislative bailout system of the People's Court of China in terms of legislation,justice,and supervision,mainly including lower legislative ranks,vague judicial bailout standards,too narrow scope,lack of procedures,and bailout funds Insufficient,lack of supervision mechanism,insufficient connection with other rescues,lack of unified rescue platform and other issues.Finally,put forward practical and perfect suggestions from the above aspects,and strive to make the judicial assistance system of the People's Court more complete and operable,so as to be able to rescue more parties who meet the conditions of judicial assistance,reflecting the public welfare and benefit of the system.