On August 4, 2021, the Guizhou High Court held its fifth press conference. Wang Xia, Vice President of the Guizhou High Court, attended the press conference and released the judicial assistance work of the three-level courts in the province in recent years, as well as some major work measures. Five typical cases were released at the press conference, and 260,000 relief funds were issued to the two judicial relief cases on the spot.
In recent years, Guizhou courts have thoroughly studied and implemented Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and Xi Jinping's Thought on the Rule of Law, fully implemented the decisions and deployments of the Central Committee, the Supreme People's Court and the Provincial Party Committee, continuously innovated and improved the working mechanism, and were clear about politics, and handled a number of judicial assistance cases. From 2018 to June this year, Guizhou courts handled a total of 5,469 judicial assistance cases, decided to provide 3,442 cases, distributed 99.076 million yuan in judicial assistance funds, and helped 5,131 people in need. The scope of relief cases is mainly for victims of civil torts such as road traffic accidents and labor provision, close relatives of victims who died in criminal cases, victims who were seriously injured or seriously disabled in criminal cases, and cases of recovering alimony, maintenance and childcare expenses. Guizhou courts have always attached great importance to the assistance and guarantee for special groups, and provide timely and high-standard assistance to special groups such as the elderly, minors, and the disabled who meet the assistance conditions.
According to reports, courts at all levels in Guizhou have opened up channels for relief. When they find parties who meet the conditions for relief during law enforcement and case handling, they will actively inform them that they can apply for relief or provide relief according to their authority, so as to achieve "all those who should be rescued." If the parties have difficulty in issuing supporting documents, the judge will go to his place of residence to investigate the family property and collect relevant supporting documents on their behalf. If the party is unable to move, the judge will personally come to him to deliver the relief funds to him to ensure that the needy who meets the relief conditions receive timely assistance and "do good things well." Provide assistance to people in need who have become poor due to cases and fall back into poverty due to cases, help fight poverty and give full play to the institutional advantages of judicial assistance. In response to the unbalanced economic development in our province and the uneven amount of local judicial aid funds, through the coordinated judicial aid mechanism of the three-level courts, the dynamic adjustment of the aid funds of the superior courts will be achieved to ensure the intensity and quality of the aid.
Under the strong leadership of the Provincial Party Committee and the Provincial Party Committee Political and Legal Affairs Committee, Guizhou Province was the first in the country to achieve full coverage of relief funds at the provincial, municipal and county levels. The Provincial Party Committee Political and Legal Affairs Committee jointly issued the "Guizhou Province National Judicial Aid Implementation Measures" issued by the Provincial Party Committee and several units this year, changing the approval procedures for judicial aid funds from the approval system to the filing system, which greatly shortened the review period for judicial aid cases and took a key step in the reform of the national judicial aid system in our province.
Guizhou High Court has established judicial aid committees in courts at all levels and set up offices to gradually promote the unified handling of judicial aid cases in the Judicial Aid Committee Office, and improve the professionalization level of judicial aid cases. By establishing rules and strengthening supervision, the acceptance of judicial aid cases, the scope of assistance, the assistance procedures, and the issuance of funds have been comprehensively standardized, and a unified handling mechanism for judicial aid cases has been initially formed. Through informatization construction, online process management of judicial aid cases can be realized, automatic generation of data on relief cases can be realized, and data support is provided for deepening research and reform of judicial aid systems.
Reporter Questions
01 Guizhou Metropolis Daily reporter Meng Fei
Guizhou Metropolis Daily reporter Meng Fei: What cases can the parties to apply for national judicial assistance? What are the channels for application? Vice President of Guizhou High Court Wang Xia: (1) The following circumstances cannot be compensated through litigation, and if you are in difficulty in life, you can apply for national judicial assistance from the people's court: the victim in a criminal case was infringed on the crime, causing his death, serious injury or serious disability, or major property losses; the whistleblower, witness, etc. are retaliated against, causing serious losses to his personal or property; personal injury caused by civil torts such as traffic accidents; cases in which the victim in a criminal case dies and relies on the victim's income as the main source of living; (2) The victim in a criminal case is infringed on the crime and endangeres his life, urgently needs treatment, and is unable to bear the medical treatment costs; (3) Recruiting support, support, childbirth expenses, etc., and because the person subject to execution does not have the ability to perform, the applicant for execution is in difficulty in life. Application channels: During the filing, trial and execution stages of the people's court, judges may initiate judicial assistance case handling based on relevant materials of the case in accordance with their authority; at the same time, the parties to the case can also actively apply for judicial assistance to the court during the litigation stage. The people's court will increase publicity efforts to let more parties understand the state judicial assistance, ensure that parties who are in distress and poor due to the case propose state judicial assistance in a timely manner, solve the living difficulties they face, and let the parties feel the judicial warmth of the people's court in a timely manner.
02 Guizhou Radio and Television Station Chen Qiuye
Guizhou Radio and Television Station Chen Qiuye: What are the main sources of national judicial aid funds? Vice President of Guizhou High Court Wang Xia: Our province's national judicial aid funds mainly come from central transfer payments and financial matching at all levels of provinces, cities and counties. Due to the different financial status of various places, some localities have insufficient funds to match, which cannot fully meet the needs of national judicial assistance. We give full play to the role of linkage assistance, provide linkage assistance to some cases between superior and lower courts, solve the problem of insufficient national judicial assistance funds for lower courts, and ensure that qualified relief applicants receive timely assistance. According to relevant policies of the central and provincial governments, national judicial aid funds can also be donated by citizens, legal persons and other organizations. We hope that through publicity, citizens, legal persons and other organizations will care about the national judicial assistance work and give your love, so that more applicants who have become poor and inseparable from the case will return to a happy and healthy life. Let them feel the care and concern for them from society, and fully reflect the warmth of the socialist family.
Knowledge link
Judicial assistance system: is a "people's livelihood project" aimed at the people who are harmed by criminal crimes, civil torts and other acts, and cannot obtain effective compensation through litigation, resulting in urgent and difficult life. The state will provide appropriate financial assistance to help them get rid of their living difficulties. Improving the national judicial assistance system is the established goal of the Central Committee of the Communist Party of China to comprehensively deepen reform, the institutional carrier for the country to respect and protect human rights, and an important part of improving people's livelihood and improving the social security system. Adhering to the people-centered approach, promoting judicial assistance work, and continuously enhancing the people's sense of gain, happiness and security is of great significance to consolidating the Party's ruling foundation, enhancing judicial credibility, maintaining social fairness and justice, and promoting social harmony and stability.
Source: Guizhou High Court
