Countermeasures and suggestions for judicial assistance, and the pros and cons of applying for judic

Apply for judicial assistance.

The pros and cons are as follows.

The pros and cons are as follows. The application for judicial assistance will not affect the compulsory enforcement, and the person subject to enforcement in the case will not be subject to enforcement of the effective judgment of the court.

The application can be enforced against the court, and the court will take enforcement measures. ”

Measures for Payment of Litigation Costs.

2006), the deferred, reduced and waived payment of litigation costs are referred to as judicial assistance, and some scholars believe that such relief should be referred to as litigation cost relief. At present, the state judicial aid is auxiliary assistance, and only one-time national judicial aid is provided to the same applicant for the same relief in the same case. Where compensation or compensation can be obtained through litigation, it should generally be resolved through litigation.

Carrying out national judicial aid is an inherent requirement of China's judicial system, and an important part of improving people's livelihood and improving the social security system.

Conditions: First, the legitimate rights and interests of the parties have been infringed; Second, the parties have real financial difficulties and find it difficult to bear part or all of the litigation costs. Documents required for application:

1. Application for judicial assistance; 2. Proof of the formal applicant's financial difficulties issued by the street (township)**, civil affairs department or work unit; When the following parties submit an application for judicial assistance, they shall also submit relevant certificates issued by the relevant units such as the neighborhood (township)** and the civil affairs department where they are located: lonely and widowed elderly, orphans, or rural "five-guarantee households"; Persons with disabilities and persons with serious illnesses who do not have a regular life**; Recipients of preferential care and resettlement as provided by the state;

Those who are receiving the minimum subsistence guarantee for urban residents, the relief of rural households living in extreme poverty, or receiving unemployment insurance money, and have no other income; Those who have difficulties in living due to natural disasters or other force majeure, are receiving social assistance, or have difficulty in sustaining their family production and operation; Those who are currently receiving legal aid from relevant departments. 3. Where the parties are social welfare institutions, homes for the elderly, special care hospitals, psychiatric hospitals, social assistance stations, special education institutions, or other social public welfare units, they should also submit a certificate issued by the competent department at the level above or the civil affairs department.

Legal basis: Article 3 of the Provisions of the Supreme People's Court on Judicial Aid to Parties with Genuine Financial Difficulties: In any of the following circumstances, parties may apply to the people's court for judicial assistance:

1) The parties seek alimony, alimony, child support, or pensions;

2) Where the parties have real difficulties in making a living by recovering pensions, social insurance funds, or labor remuneration;

3) The party is a victim of a traffic accident, medical accident, work-related injury accident, or other personal injury accident, and is seeking medical expenses and material compensation, and the party is truly living in difficulty;

4) The parties are lonely elderly people, orphans, or rural "five-guarantee households" who have difficulties in living;

5) The party concerned is a disabled person who does not have a fixed livelihood**;

6) The party is the recipient of preferential care provided by the state and has difficulties in living;

7) The party is currently enjoying the minimum subsistence guarantee for urban residents or receiving unemployment benefits, has no other income, and has difficulties in living;

8) Where the parties have difficulties in their livelihood due to natural disasters or other force majeure, and are receiving state relief, or where it is difficult for the family to continue its production and operation;

9) Where a party sues an administrative organ for illegally demanding that a farmer perform his or her obligations, and his or her livelihood is difficult;

10) The parties are receiving legal aid from the relevant departments;

11) The parties are social public welfare institutions such as welfare homes, orphanages, homes for the elderly, special care hospitals, psychiatric hospitals, SOS children's villages, and social welfare enterprises under the supervision of civil affairs departments.

1. What are the requirements for judicial assistance?

Requirements for applying for judicial assistanceThe requirements for applying for judicial assistance mainly include: 1. The disabled person has no fixed livelihood**; 2. Recourse for alimony, alimony, childcare, or pension; 3. Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money, have no other income and other circumstances. The legal basis for applying for judicial assistance is Article 45 of the Measures for Payment of Litigation Costs.

Where parties apply for judicial aid and meet any of the following circumstances, the people's court shall grant a waiver of litigation fees:

1) Persons with disabilities who have no fixed livelihood**;

2) Recourse for alimony, alimony, child support, or pension;

3) Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money and hunger, and have no other income;

4) Where their lawful rights and interests have been harmed as a result of courageous acts of righteousness or to protect the public interest, and they or their close relatives request compensation or compensation;

5) Other circumstances that truly require exemption.

2. Does the application for judicial aid affect compulsory enforcement?

The application for judicial assistance will not affect the compulsory enforcement, and if the person subject to enforcement in the case does not enforce the effective judgment of the court, the application can be enforced to the court, and the court will take enforcement measures.

Civil Procedure Law of the People's Republic of China

Article 236:Methods for the commencement of enforcement.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 239:Time limit for applying for enforcement.

The period for the execution of the application is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents for the blind provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

The conditions for access to justice are as follows:

1. Disabled persons have no fixed livelihood**;

2. Recourse for alimony, alimony, childcare, or pension;

3. Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money, who have no other income;

4. Where one's lawful rights and interests are harmed due to acts of righteousness and courage or to protect the public interest, and the person or Yinfeng or his close relatives request compensation or compensation;

5. Other circumstances that really need to be exempted.

What are the basic principles of access to justice.

1. Adhere to auxiliary nuclear and high-level rescue, and take auxiliary relief measures for parties who have suffered criminal infringement or civil infringement and are unable to obtain effective compensation through litigation;

2. Persist in fair assistance, strictly grasp the standards and conditions for assistance, take into account the actual situation of the parties and the amount of assistance in similar cases, achieve fair, just, and reasonable assistance, and prevent new conflicts caused by unfair assistance;

3. Persist in providing timely assistance, and for parties that meet the requirements for assistance, the case-handling organs should promptly provide assistance on the basis of the parties' application or on the basis of their authority, to ensure that social conflicts are resolved as soon as possible;

4. Persist in territorial assistance, and for parties who meet the conditions for assistance, regardless of whether their household registration is local or foreign, in principle, the place of jurisdiction over the case is responsible for assistance.

Legal basis: Article 46 of the Measures for Payment of Litigation Costs.

Where parties apply for judicial aid and meet any of the following circumstances, the people's court shall approve a reduction in litigation fees:

1) Those who have difficulties in living due to force majeure such as natural disasters, are receiving social assistance, or have difficulty sustaining their family's production and operation;

2) Those who are the recipients of preferential care or placement as provided for by the state;

3) Social welfare institutions and aid management stations;

4) Other circumstances in which it is really necessary to reduce the payment.

Where the people's court approves a reduction in litigation fees, the reduction ratio must not be less than 30%.

The conditions for judicial assistance are: first, the lawful rights and interests of the parties have been infringed; Second, the parties have real financial difficulties and find it difficult to bear some or all of the litigation costs, as follows:

1. Recourse for alimony, child support, child support, or pension;

2. It is really difficult to recover pensions, social insurance funds, and labor remuneration;

3. The victim of a traffic accident, medical accident, work-related accident or other personal life in Shanghai is seeking medical expenses and material compensation, and he or she is really in difficulty;

4. Lonely and widowed elderly, orphans or rural "five-guarantee households" who have difficulties in life;

5. Disabled persons who do not have a fixed life**; Radical masking.

6. Those who are the recipients of preferential care as stipulated by the state and have difficulties in life;

7. Those who are enjoying the minimum subsistence guarantee for urban residents or receiving unemployment benefits, have no other income, and have difficulties in living;

8. Those who have difficulties in living due to natural disasters or force majeure, are receiving state relief or have difficulty in sustaining family production and operation;

9. Suing an administrative organ for illegally requiring farmers to perform their obligations and making a living difficult;

10. Those who are currently receiving legal aid from relevant departments;

11. Social public welfare undertakings such as welfare homes, orphanages, homes for the elderly, special care hospitals, psychiatric hospitals, SOS children's villages, and social welfare enterprises under the supervision of civil affairs departments.

Legal basisArticle 45 of the Measures for Payment of Litigation Costs.

Where parties apply for judicial aid and meet any of the following circumstances, the people's court shall grant a waiver of litigation fees:

1) Disabled people in Mingwangzhou who have no fixed livelihood**;

2) Recourse for alimony, alimony, child support, or pension for the funeral;

3) Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money, who have no other income;

4) Where their lawful rights and interests have been harmed as a result of courageous acts of righteousness or to protect the public interest, and they or their close relatives request compensation or compensation;

5) Other circumstances that truly require exemption.