China.org.cn | July 18, 2022
CNR:
We have found in many interviews that some victims in criminal cases or in civil cases were dragged into financial difficulties because those criminal defendants or tortfeasors could not afford compensation. As a result, they need help from the state judicial assistance. As such, what new progress has been made regarding the scope of the assistance and measures over the past decade? What steps are expected to be adopted to ensure more applicants can get the help? Thank you.
Tao Kaiyuan:
Thank you for your questions and your concern about judicial assistance. I'd like to answer your questions, as I'm responsible for the work regarding state compensation jurisdiction and judicial assistance.
Judicial assistance serves as human rights guardian to help those most in need. The third plenary session of the 18th CPC Central Committee decided to improve the state judicial assistance system. Then, the fourth plenary session of the 18th CPC Central Committee decided to enhance such systems further. Against this background, the SPC established a working group to improve the state judicial assistance system in 2014, adopting a series of measures to ensure the implementation and efficiency of the reforms and deployments made by the CPC Central Committee.
First, the assistance targets have been specifically identified, so we have clarified who is eligible to obtain the judicial assistance. We have issued working guidance for the people's courts to strengthen and regulate state judicial assistance. We have made it clear that people struggling with difficulties can obtain judicial assistance if they are as follows: those who are victims, informants, witnesses, and forensic appraisers of criminal cases; the party seeking alimony and child support; those who suffered injuries in civil cases, such as traffic accidents.
Second, a "unified" working mechanism has been established in terms of six aspects. We have incorporated judicial assistance cases into judicial procedures to ensure that the cases can be admitted in a unified manner and made sure that the judicial assistance practices are unified in terms of scope, procedures, standards, fund guarantee measures, and fund distribution. We have thereby solved such problems as vague separation of duties, complicated procedures, and different standards which used to exist in judicial practices before reforms. As such, we can ensure that relief funds can be distributed in a more targeted and efficient manner to those involved in litigations with difficulties.
Third, judicial assistance cases have been handled in a more regulated procedure. The SPC has released regulations on procedures and document style for the people's courts while handling judicial assistance cases, which have provided detailed regulations on all steps while handling a case, including case filing and admitting, case handling, the ruling, and funds application and distribution. Moreover, specific deadlines have been made for each step. Thanks to all these efforts, judicial assistance has become remarkably efficient.
Going forward, the people's courts will uphold the people-centered development philosophy and improve the judicial assistance system. We will ensure that cases related to judicial assistance can be addressed in a high-quality and efficient way to make sure that judicial assistance can play its protective role in helping those most in need. Thank you.