Study On Judicial Aid Of The State Conducted By People’s Court In China

Judicial aid of the state conducted by people’s court in China is one measure of relief.It is the one-time relief for those who should accord with the specific situation.Taken by the court during the trial or execution,the system solves the urgent difficulties of the parities.It extends traditional pre-litigation relief in China,which is deferment,reduction and exemption of litigation costs,to mid-litigation and post-litigation.According to the limited knowledge of the author,some western countries pay more attention to legal assistance and criminal victim assistance,so they have not established the national judicial aid system conducted by the court.Therefore they are not helpful in the development of the judicial aid of the state conducted by people’s court in China.In our country,the development and improvement of judicial aid system is more driven by the model of solving problems in practice,which is the realistic outcome of solving various problems.It is also the critical reason why China’s judicial aid system does not only develop from the prevailing theory of criminal victim compensation in the west,but also involves in the whole litigation such as implementation of relief and settlement of petition.Therefore,the author thinks that the research on the judicial aid of the state conducted by people’s court should not copy the western theories of state responsibility,social insurance,and social welfare,but should be based on pragmatism.This paper consists of four parts.The first part is an overview,which illustrates the meaning,theories,rules and demand,and significance of judicial aid of the state conducted by people’s court.First,the theories of judicial relief originated from the humanitarian tradition,the justice theory and the theory of social welfare.Then it turns to the rules related,which are developed from the cost of litigation to other aspects in the trial,execution and so on.Based on the realities of China,it demonstrates the demands of the judicial aid of the state,so as to lead to the significance of it.This part explains why people’s court could be the conductor of judicial aid of the state.The second part focuses on the current situation of the judicial aid,and analyzes its characteristics.First,based on the typical cases released by the Supreme People’s Court and the data of a primary people’s court,the paper introduces the current development of the judicial aid,and puts an emphasis on its characteristics,such as the diversity of cases,auxiliary aid,and diversified modes of aid.This part illustrates why judicial aid should not be replaced by social relief,in the perspective of court practice.The third part points out the existing problems and the reasons.At present,judicial aid of the state conducted by people’s court truly has some problems,such as utilitarian scope of judicial aid,limited source of funds and deviation from the initial aim of the judicial aid to practical implementation.The reasons for these problems are that there is no unified and authoritative system of judicial aid,and there is no connection between the judicial aid and social relief.The fourth part is the measures to improve the judicial aid of the state conducted by people’s court,which are,to advance the national system of judicial aid,accelerate the connection between judicial aid and social relief,and promote the development of insurance aid mode.