Justice and System Evolution

Abstract: The first appeared in the United Kingdom and European markets, with the aid of judicial economy arising from the emergence of the welfare state, for the poor, the weak action relief is always the core of the system. Because of uneven economic Development between regions, income there are differences, some citizens can not afford the necessary financial difficulties due to legal costs, it is difficult to achieve their legitimate equal rights, to achieve "equality of citizens before the Law" principle, which requires citizens of this pArt of the state and society to provide the necessary judicial assistance. build a sound legal aid system, to the pArties from the program to achieve equality of rights of action to safeguard the rights of the ultimate realization of their physical potential, reflecting the inherent requirements of a harmonious society.

Keywords:: Justice, equity, vulnerable groups

Justice is the rule of Law in a very practical aspect is the connection between state and society the main bridge, the adequacy of the legal system of monitoring stations is to achieve fairness and Justice of the hall. [1] as to safeguard social fairness and Justice of the last line of defense, not only to make the interests of all sectors of society are well coordinated, and other social contradictions among the people the correct handling of contradictions, but also in coordinating and dealing with these interests in the way of Justice. "Law equality before the "more than just a slogan, and it is the Constitution, Laws and regulations are fixed, become a golden rule. It requires the judiciary in the Application of the Law on all citizens, should be treated equally. for any citizen, regardless of of nationality, race, sex, occupation, social origin, religion, education, property status or length of residence, all are either not given special treatment, nor give any discrimination. However, the law only so that people in the law standing in front of the same stArting line, you can run fast and slow, sooner or later not be able to decide on their own. This is because the action itself, in addition to one of the most equitable mode of settlement, or the cost of one of the most expensive solution, the most complex solution. Therefore, just as Arthur Okun pointed out, •: "Equality before the law known as the highest essence of our rights. And this right into reality, even from the least said, received the cost of legal advice and defense of the poor is high. "[2]
Development of modern society today, has asked the path from the formal equality substantive equality, and justice to the form of real justice, in order to achieve this, appropriate systems must be established to protect the vulnerable groups, and the use of judicial relief system to balance the right of action exercise becomes necessary.

First, the foreign aid system in the historical process of judicial
Contains the contents of the legal aid justice originated in the United Kingdom. Back in 1424, a statute of Scotland founded the poor register, pursuant to which the pArties to initiate proceedings can get free legal counsel and agents with the help of .1495 years, admitted England the poor have the right without payment of costs, the High Court and Court of Appeal based on <<Supreme Court statute>> of people who can not afford the cost of Civil legal aid .1903, the England and the request for counsel in Criminal cases by appeal to help the issues a special provision. After nearly five hundred years of Development, 1948, the British developed a <<Legal Aid Law ">, the world's most comprehensive legal aid legal one. Civil fees, with the help of market economy of the welfare state in Europe and America there generated. Back in 1921, the Weimar Republic of Germany began a government-funded assistance program costs, then the United Kingdom, Netherlands, New Zealand, Norway and other countries were adopted by the Assistance Act litigation costs. In the welfare state in Since individuals have access to courts and to counsel the right to social welfare, then the financial ability for those who do not pay costs of the person or group, country or community should give financial help to make litigation possible. as consumers, environmentalists , the poor and victims of discrimination is traditionally possible to safeguard their rights through litigation groups, therefore, 60 years since the last century, the litigation support system, primarily designed for such people. litigation assistance for the poor is always the the core of the system, because all countries to recipients that the financial state of the economy as the basis for determining the cost of litigation assistance, the only difference lies in the "poverty" is defined as different standards. In Germany, the proceedings the amount of assistance according to income and property of the parties the amount of decision: the amount of income below the standard, that any assistance given to all the action, above the standard amount of income but does not exceed certain limits, to give some assistance in litigation, that is permitted to pay court costs in phases, but 48 months limit. the parties income calculated in accordance with <"Federal Social Assistance Act"> the requirement that the Litigation be linked with social assistance into account, this highlights the characteristics of the German welfare state In 1998 France carried out the concept of legal remedies expansion, so that citizens enjoy the following rights: (1 informed of their rights and obligations and the understanding to help them realize their rights organizations, (2 in the enjoyment of their legal rights or fulfill their legal obligations, obtain legal relief, as well as in non-judicial procedures get help, (3 access to legal advice, (4 in the Development and conclusion of legal documents to get help. In addition to the above system, there are initially produced in France in the 19th century "legal insurance" system, and <<French Civil Code>> Section 2044 provides for consultation mechanisms for resolving disputes. After years of Development, Europe and the United States Civil Relief System has formed a complete system of system, the relief object, scope, subject to specific provisions such as [3].

Justice system in the process of historical development and that its right of action derived from the equality of citizens, is to explain the institutionalization of equality, democracy and rule of law, a country important symbol of the process, is to measure a country's level of modern Civilization and the importance of social harmony One of the criteria. fairness is the eternal values ​​of human society and the basic code of conduct, justice system is fair idea of ​​the inevitable result of continuous development.

Second, our analysis of the status of judicial assistance system
Our justice system has its growing process, from system level, 1989 <<People's Court lawsuit charging> "(hereinafter referred to as charging for the first time the cost of litigation relief, reduction or exemption made by the provisions of However, the requirement is very simple, just declared that "if the parties are really hard to pay litigation costs may apply to the people's court, deferment or reduction of pay, exempt." but did not relate to the conditions applicable to the object and the specific procedural matters .1991 year <<Civil Law "> just reiterated <<charging>> the requirements June 19 the year 1999 adopted by the Supreme People's Court <<<People's Court lawsuit charging> Supplementary Provisions>" (hereinafter referred to as << Supplementary Regulations>> the official presentation of the "justice" concept, but not specifically addressed the Supreme People's Court issued .2000 <"On the economy is indeed difficult to justice the parties to the provisions of>" (hereinafter referred to as <<relief provisions >>, the concept of judicial relief, the contents of the object and makes provision for the trial procedures. is indeed difficult for the recent economic emergence of new groups in the change, the Supreme Court on April 5, 2005 revised <<relief provisions> > by the <"On the economy is indeed difficult to justice the parties to the provisions of>" (hereinafter referred to as <"New regulations>> compared to <" New requirements>> than <<salvage of>> progress mainly in the : (1 re-elaborated the concept of justice, (2 to further expand the scope of judicial relief, increasing the intensity of judicial assistance, (3 improve and simplify judicial assistance proceedings, (4 relatively clear standards for the provision of financial difficulties department. [4] January 15, 2007, the Supreme Court issued a <"On building a socialist harmonious society views the judicial guarantees a number of>> proposed to explore the establishment of appeal after the judicial rehabilitation system, including Criminal victims assistance system and the implementation of the national relief fund system. This view of the promulgation and implementation of the system indicates that China has basically established the performance of rescue.

From the current judicial practice, the existing judicial aid system mainly refers to: "the people's court for the parties to safeguard their legitimate rights and interests of the people's court in civil and administrative litigation, but the economy is indeed difficult to implement litigation costs deferment Less pay, exempt. "[5] where the definition of the concept of judicial relief narrower, only limited judicial relief reducing litigation costs, slow, exempt from that judicial activities for the disadvantaged given the burden of judicial immunity No proceedings will provide the convenience of the parties, to provide judicial remedies for the problems defined in, especially not extremely difficult life will be given to enforcement or Criminal victim be clearly defined economic aid. "In the current economic and social development remains uneven rich and poor gap is still widening, if not a special system to protect people in financial difficulties, the court litigation skills tend to fall into the arena, strong and weak forms of justice in the face of the balance is difficult to obtain justice. "[ 6]
Third, our justice system problems
At this stage, our society is still relatively a more harmonious society, but there are still a lot of disharmony and factors, along with rapid economic development, urban and rural, between regions and between the different strata changes in the interests of further exacerbated in some areas of social life, appeared in varying degrees, the wealth gap, rural-urban gap, regional disparity is widening, lack of coordination of economic and social development. [7]  the existing justice system deficiencies and shortcomings of also gradually emerged.

(Ambiguous nature of a judicial aid
Most people think, justice system is the people's courts exercise their litigation rights of the parties to a litigation system of protection. In fact, this understanding is narrow. Not only that the nature of justice, justice system was established to safeguard vulnerable social groups and protect the legitimate rights and interests of justice. Therefore, it is the nature of social assistance should be part of the social security system. However, there is understanding of people this is not the case, resulting in legislation and its actual operation, creating a greater error.

(B allowed the positioning of judicial relief
The current judicial relief is generally distinguished from the legal aid that justice is the judicial organ in civil or administrative proceedings by the parties postponed, reduced or remitted the cost of litigation relief measures. The legal aid is in our law guidance and coordination of aid agencies, the lawyers, notaries and grassroots legal service workers, law, economic hardship or special cases for the parties to give reduced, free charges, the legal system to provide legal assistance. In fact, this distinction separates between the two is the close relationship of this, not only is not conducive to justice and legal aid system development and improvement, and not conducive to the Social Security Mechanism. judicial relief and legal aid should be compatible relations, justice should be be included within the legal aid system.

(C judicial aid legislation lags behind
Measure of a country justice system is sound, which is an important sign to see the adequacy of the legal system of judicial relief. Of judicial aid system itself is not perfect, does not form a system, let alone as a guarantee of the legal system of justice. And Comparative judicial relief in many developed countries have a sound legal system for protection of judicial relief.

(D judicial assistance provisions of fragmentation
Provisions for judicial assistance generally scattered in the laws and regulations, a grab a mere crumb. The people, convenience, and benefit of thought, the various departments of a number of provisions were introduced, comments. If the Supreme People's <"On the right is indeed difficult to justice provisions of the parties>>, the Supreme Court, the Justice Department <"On the provisions of civil legal aid work>> Ministry of Justice, Civil Affairs, Ministry of Finance, the Ministry of Labor and Social Security, Natural Resource Ministry of Construction, Ministry of Health, the State Administration for Industry and State Archives Bureau jointly issued <"On the implementation of <<Legal Aid Ordinance>> effectively solve the difficult problem of the masses of hard court opinions>> and so on, each of these provisions lack of convergence, not a system.

(E judicial relief operations are not specifically regulate the practice of
Whether legal aid, or the Supreme People's Court <"On the right is indeed difficult to justice provisions of the parties>> In actual operation, both with a lot of randomness, this randomness in the measure of performance, monitoring mechanism, and so on. This lack of transparency in the judicial relief, people keep a respectful distance, but not easy to achieve the purpose of setting it, causing the scope of judicial relief is to expand or shrink freely.

(Six more confusing way of judicial relief
In judicial practice, the current cost of litigation in addition to slow, reduce, free and legal assistance, part of the Court also opened up channels for the implementation of relief, for which there can not be due to the implementation of the parties to the implementation of hardship assistance, advance the implementation of the underlying models. Also Some courts in the implementation, use and implementation of the case to save the cases of judicial assistance in the implementation of the actual costs incurred to achieve the purpose of judicial relief. These measures, some still need further refinement, such as the former.

Some measures can only be said to be convenient, if the latter, while not included in the ranks of judicial relief.

Fourth, justice system, the Construction and Improvement
(A legislative level
Justice response to perfect the relevant legal provisions. The court, as regulators and implementers aid practices contrary to the neutrality of the courts is not conducive to long-term development of judicial relief, the proposed development <<Justice Assistance Law "> and the corresponding local regulations , the conditions of judicial relief, the scope, forms, procedures, funding and other specific provisions, and the Criminal Procedure Law, Civil law legal system, convergence, specifically the main duties of judicial relief .1 to the main responsibilities of the judiciary for the relief, by the local People's Court, People's Procuratorate of recognition and assistance payments, 2, Politics and Law Committee, led by the court, the Procuratorate, Public Security Bureau, Justice Bureau, Finance Bureau and other offices set up special work, as the main relief aid, the implementation of justice, 3, from confirm whether the court for judicial assistance, the Government or its functional departments (such as the Civil Affairs Bureau, assistance payments, 4, People's Court as the only judicial relief agencies, while coordinating the work and functions of departments and division of labor, building diverse dispute resolution .

(B practical level
1, and expand the scope of judicial relief object
Will not belong to low-income groups, but the litigation, the parties and the economic difficulties of the units do have financial difficulties include the scope of relief, applicable to slow reduction in income or the appropriate legal fees. If its successful, winning their interests more than by the Court of Appeal reduction in that part of the legal fees, may request the full amount in back.

2, expanding the way of judicial relief
How many ways to achieve relief and the possibility of judicial relief determine the breadth and depth of implementation. As justice of the weak by the People's Court carried out a protection from the Court's "middle judge," the legal status and litigation "fair and equality, "the spiritual essence of the analysis, the court can not for the weak protection was exhaustive. If so, the weak party to the court the support of the organs of state power, may become the strong down, the status of the parties will re-balance. Therefore, in the design the way justice should be a good grasp of a degree, so that the imbalance between the status of the parties would have essentially the status of close to balance, not "overkill." First, we must pay attention to disadvantaged groups to enter the action specified in the obligation to bear the legal aid lawyers as counsel or legal representation people. The second is to pay attention to vulnerable groups into the proceedings the public security organs of investigation and evidence collection and timely suggestions. This is mainly for vulnerable victims in terms of Criminal private prosecution cases. At present, the number of victims in criminal cases of private prosecution as weak and makes investigation and evidence collection not filing the case, their legal rights are not protected. already in existence and development of vulnerable people, their legal rights have been violated and then lack of timely relief, is tantamount to disaster. In this regard, the need for the people's court Survey evidence suggested the public security organs.

Links to Research Papers Download http://www.hi138.com 3, broaden the means of judicial assistance
Specifically from the following aspects: First, filing assistance. Filing of judicial relief work the first pass, the reform in the judicial practice should be placed on file in the way, take a variety of convenience, economy measures in public, it is necessary to fulfill the duties of people's courts, but also help maintain the legitimate rights and interests of disadvantaged groups. due to the low level of education or physical disabilities and other reasons can not write asking for petition filing, and actively promote the oral filing method. At the same time, strengthen the work of Interpretation filing stage, the parties in prosecution, the judge to review the complaint filing, the ready as Interpretation, that claim is properly Interpretation, Interpretation of rights and obligations, litigation burden of proof and litigation risks Interpretation Interpretation and so on. Second, the case to assistance. Innovation existing trial system, in time for the vulnerable groups, low-cost rights to create the conditions, every effort should be done in the premise of ensuring justice for vulnerable groups in the proceedings to provide more facilities to help them fully realize legitimate rights and interests and reduce litigation costs. Third, the implementation of assistance cases. In the implementation phase, involving vulnerable groups, should be designed to maintain legal authority, but also to maintain social stability, the full realization of "survival of vulnerable groups protection principles." to pay special attention to the following aspects: (1 to be executed on the same subject there are multiple Applications for the implementation of priority vulnerable groups among the Executive shall honor, property, (2 on the debtor indeed laid off, unemployed, unable to carry into effect the referee priority should be the implementation of suspension or termination, and (3 involving alimony, child support, tending, pensions, medical expenses and remuneration of legal instruments, etc., the people's court shall be ex officio by the Chamber sent directly to the implementation of the implementing agencies to safeguard the legitimate rights and interests of vulnerable groups will be public.

4, into the state budget relief funds, the establishment of judicial relief fund
Ensure funding for the normal development of the judicial relief work one of the most fundamental conditions, there is no guarantee of reliable funding, judicial relief work is often impossible. In some jurisdictions the state aid system more robust, judicial assistance funds have been included in the national budget law , set up a special judicial relief fund to be paid by the state finance. also recommended as soon as possible into the social assistance system of judicial relief fund, the system led by the party committees, government-funded, the court contractors. First of all relief fund should be independent of accounting. to all levels of financial settlement based, to accept all donations, supplemented by a separate account set up accounts. relief fund only for the parties, in principle, "not a panacea for the storm", the implementation of a one-time assistance. in the rescue function with the general distinction between social assistance and social security to open, that is, commitment is only temporary relief function, the court assistance payments, the Executive will give priority to the funds in place added to judicial relief fund. Second, the scope and standards are clear relief. recommended the implementation of judicial relief funds and relief fund by combining the compensation will not Criminal civil victims of hardship and the inability to fulfill the executed Application executor, unable to pay all kinds of litigation, the parties appraisal fees, all as a fund relief. aid to emergency relief for the amount of the basic standards, not to any actual loss is standard. Once again, if the procedures must be stringent. strictly a party applies, the court Type of Application, financial authorities for review, the court steps in the implementation of the Fund to use to open, transparent and efficient.

5, the implementation of joint mechanisms for judicial relief
Given the difficulties of judicial assistance system parties can not existing in the proceedings to obtain the necessary legal services, the proposed system of judicial assistance and legal aid system and effective convergence and expand the content of judicial relief system to improve access to vulnerable groups, the disadvantaged position after action, and improve judicial relief work performance. Meanwhile, the people's court should actively seek party, the NPC, the active support of the Government and other departments, joint Administration of justice, civil affairs, grassroots government organizations, people's mediation dispute resolution mechanism to build diversity, the diversity of vulnerable groups into the dispute settlement mechanism case from the source to eliminate vulnerable groups "Proceedings difficult" problems.

6, an additional monitoring system of judicial assistance
Regulate the division of responsibilities of judicial relief work, the process management system of justice into a clear filing, trial and execution of all aspects of the work of judges in the judicial relief duties, their duties and division of labor, while the courts should give full play within the discipline inspection and supervision departments the role of discipline inspection and supervision by the Court of Justice Assistance Office on a monthly basis to conduct supervision and inspection. meets the conditions of judicial relief without giving, or do not meet the conditions for giving aid and wrong, must be promptly corrected, and give the responsible person to the appropriate disciplinary action. In addition, the deferment expires, the parties fail to pay court costs, if the case at the trial stage, there are calls courtroom the judge, refused to pay the executive department to enforce the transfer. If the case has been in the implementation phase, by Judge calls the executive arm, refused to pay, the enforcement or the property from the execution to be deducted.

7, a clear proof issued by the department of economic difficulties
Increasing due to population mobility, awareness of the indifference of credit, tax collection and management systems for specific defects in the income of individuals or companies does not completely grasp of the relevant departments will inevitably lead to full compliance issued by the difficulties with the Shiji proven to eliminate these objective reasons may take a longer time. For the problem, the current economic difficulties may require proof of citizenship issued by the Home department or labor and social security department. corporate financial difficulties by the tax authorities issued certificates, but the issue of intent or gross negligence does not match with the actual situation of the difficulties to prove, legal liability according to law.

The first is the rule of law society, the core of the rule of law is justice and fairness. As citizens of different social context, suffered varying degrees of education, especially in the social wealth owned by different, resulting in real life have access to legal protection of unequal opportunities, which resulted in differences in the actual enjoyment of rights. to eliminate this difference in fact, to achieve equal protection of the rights of citizens, so that all aspects of the effective coordination of interests, thus promoting social stability, and orderly development, we must further improve the justice system, which not only increases the need for justice of civilization, is the basic condition for building a harmonious society.

References:
[1] Yang Yiping. Justice of [M]. Law Press .1999.25.

[2] [United States] • Arthur Okun. Equality and efficiency [M]. Huaxia Publishing House .1987.18.

[3] Shuang Yuan, Xie Shisong. Introduction to International Civil Procedure Law (Revised Edition) [M]. Wuhan University Press, 2001; Xu. International Civil Judicial Assistance [M]. Wuhan University Press, 1996.

[4] Xu. Supreme Court justice new rules: to expand the scope of judicial relief, simplifying approval procedures [N]. Legal Daily, April 7, 2005.

[5] Supreme Court. On the economy is indeed difficult to justice provisions of the parties. July 12, 2000.

[5] Ma Yongxia. To carry out legal aid, to build a harmonious society [EB / OL]. People's Daily, July 20, 2005.

[6] Kin Sang Min. Harmonious Society to establish the performance of rescue system [J]. The law applicable, 2007.5.

Abstract: The first appeared in the United Kingdom and European markets, with the aid of judicial economy arising from the emergence of the welfare state, for the poor, the weak action relief is always the core of the system. Because of uneven economic development between regions, income differences, some citizens can not afford the necessary financial difficulties due to legal costs, it is difficult to achieve their legitimate equal rights, to achieve "equality of citizens before the law" principle, which to this part of the national and civil society to provide the necessary relief. Construction of sound judicial relief system, to the parties from the program to achieve equality of rights of action to safeguard the rights of the ultimate realization of their physical potential, reflecting the inherent requirements of a harmonious society.

Keywords:: judicial assistance; fair; vulnerable groups

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