In life, more and more people are exposed to and use reports, so we should pay attention to the rationality of logic when writing reports. When you hear writing a report, you get dizzy? The following is the research report on judicial assistance compiled by the Political and Legal Committee of the county party committee for you. Welcome to read it. I hope you will like it. 1

Study and practice in Scientific Outlook on Development is to establish and implement Scientific Outlook on Development in an all-round way and realize the grand goal of building a well-off society in an all-round way, that is, to make the economy more developed, democracy more sound, science and education more advanced, culture more prosperous, society more harmonious and people's lives more affluent. In recent years, our county has clearly put forward the goal of emancipating the mind, promoting scientific development and building a harmonious Shangrao county in an all-round way. Building a harmonious socialist society is a continuous process of constantly resolving social contradictions. If we want to build a harmonious Shangrao county in an all-round way, we should face up to contradictions more actively, resolve contradictions, maximize harmonious factors, minimize disharmonious factors, and constantly promote social harmony and stability. In order to effectively resolve all kinds of social contradictions and maintain social order and stability, our county has implemented the system of receiving visits from county party committee secretaries, and the system of maintaining stability and resolving responsibilities through letters and visits. In towns (townships, streets), it has established a center for the investigation and mediation of contradictions and disputes, a public service center, installed a video surveillance system, and launched a pilot project of "ten-household joint defense". By strengthening leadership and clarifying responsibilities, a large number of contradictions and disputes have been effectively resolved, and most of the letters and visits have been resolved at the grassroots level. However, there are still a large number of problems related to law and litigation that have not been effectively solved, mainly because the reasonable demands of the victims involved in law have not been reasonably solved, which has caused some victims not only to lose credibility with the political and legal organs and the grassroots party committees and governments, but also to be angry with them because of helplessness, thus believing in "visiting" but not "law", believing in "going up" but not "going down", and looking for "blue sky" when something happens without passing the law. In order to make the victims get reasonable compensation, improve the credibility of political and legal organs and grass-roots party committees and governments, and effectively resolve the contradictions and disputes of the victims involved in the law, it is necessary to establish a judicial relief mechanism to help the victims get help in life and comfort them ideologically, thus reducing social opposites and promoting harmony and stability in the county.

1. Cases involving law and litigation need judicial assistance

Of the 32 cases involving law that the county public security bureau has concentrated on in 2xx, 9 cases need to be completely solved through the channel of assistance funds; Nearly half of the 44 complaint letters and visits handled by county courts since 2xx need to be rescued before they can be stopped. After these cases that need assistance have not been effectively solved, the parties concerned have achieved their demands with abnormal petition behaviors. Such as Fu Mingyang, Lu Camellia, Zhou Maolin, Xu Shengping, Huang Qinghua, Luo Quan, Cheng Zidao (Yu Junchao), Zhang Jiacai, Yu Hehua, etc., these people's abnormal leapfrog petitions not only brought great adverse effects to our county, but also made the local government spend a lot of manpower and financial resources in stabilizing and receiving petitioners. For example, Ye Yuxian (laid-off worker), an old and abnormal visitor to Beijing in 48 towns of our county, was arrested by the local people as a thief in Xiapei Village, Chating Town on the evening of August 3th, 2xx, and then tied him up on the bamboo hill behind the village for group beating, causing Cheng to be seriously injured and killed on the spot. The public security criminal investigation filed a case for investigation, and arrested seven suspects who had been beaten. After repeated careful investigation, the final investigation result could not identify the fatal murderer who caused the death of the deceased, which led to the procuratorate not only refusing to arrest the suspects, but also making compensation for the deceased difficult to confirm, so it was only possible to release the suspects on bail pending trial. For this reason, the family members of the deceased did not understand the investigation results, and strongly urged the public security organs to confirm who was the fatal murderer who beat her husband to death, and refused to cremate the remains. In addition, due to his illness and small children, his life was extremely difficult. He repeatedly went to the province and went to Beijing to petition abnormally and was included in the case handed over by the Central Joint Conference. In June, 26, Xiao Wansong, a newly transferred member of the Standing Committee of the County Party Committee, secretary of the Political and Legal Committee and director of the public security bureau, attached great importance to the petition concerning the law, personally read the case file, repeatedly and patiently worked on the petitioner's ideological work, coordinated the county civil affairs bureau to include the petitioner and his children in the minimum living allowance for urban residents, and allocated 55, yuan to solve the expenses of frozen cremation of corpses. Finally, the petitioner Ye Yuxian's thoughts melted and the case was stopped. Another example is the case of personal injury compensation dispute between applicants Huang Ziwan and Yu Xiaoyou and executors Jiang Deban and Liao Xingmin in road traffic accidents. Both Huang Yuanping, the son of applicant Huang Ziwan, and Ge Fuxiang, the husband of Yu Zaizhou, died in the accident, and the case was put on file for execution on January 24th, 2xx. However, the county court exhausted all kinds of execution methods because the executors evaded debts all the year round, and it still has no effect. Huang Ziwan, the current applicant, is old and frail (now 7 years old), his wife is also old and sick, and his daughter-in-law left home, leaving young grandchildren to support, making family life extremely difficult. Another applicant, Yu Xiao, has similar family situation and needs to solve the current practical difficulties urgently. Another example is the case of intentional injury between the applicant Huang Yingxiao and the executed person Huang Xianzhong (criminal incidental civil dispute). The applicant Huang Yingxiao is the main labor force in his family, but now he has lost part of his labor force due to eye injuries, and his mother is old. Because her son still needs treatment for his eyes, she has to raise medicine fees everywhere, and her family life is struggling, which urgently requires the court to realize her creditor's rights. However, because the executed person fled the family to avoid debts, the case was difficult to execute for a long time, and the parties also had adverse effects. Especially. The case has not been solved for a long time, or the criminal suspect has been on the run for a long time, and the victim can't maintain the local minimum living standard or partially or completely lose the ability to work, and the lack of necessary medical expenses makes life difficult to maintain, or the death of the victim causes great difficulties to family life, and the person subjected to execution is really unable to perform, resulting in the victim's lawsuit-related petition.

"People-oriented, caring for people's livelihood" is the fundamental guiding ideology for us to resolve various contradictions and disputes. In order to reduce the occurrence of letters and visits related to law by difficult victims, we should comfort the victims' thoughts and guarantee their lives by means of extra-legal affection and economic compensation. This requires us to further increase the intensity of judicial assistance, establish a judicial assistance fund, resolve the backlog of cases, and promote social harmony and stability.

ii. problems existing in judicial assistance

it is one of the important measures to maintain social harmony and stability, safeguard the legitimate rights and interests of the people and create a safe county to increase judicial assistance and stop visiting cases involving law and litigation. In addition to legal aid, financial assistance must also be implemented. And the establishment of relief funds is an effective way to solve the problem of letters and visits involving law and litigation. Therefore, the rescue fund should be established in a long-term mechanism. But the key to the establishment of rescue funds is funds. At present, there is no special relief fund in our county, which is only for individual cases, and it is for large and difficult cases. If other cases are not effectively resolved, it may evolve into cases like Fu Mingyang and Zhang Dongfeng. Therefore, it is limited to raise funds only by law enforcement units or leaders of law enforcement units. The problems are as follows: First, our county is still a poverty-stricken county in the old district with tight finances, and the political and legal departments are short of funds. Second, it is not included in the fiscal budget. Third, it has not won the help of the civil affairs department and society.

III. Requirements of the object of judicial assistance and the establishment and application of assistance funds

1. It is suggested that the object of assistance should be temporarily limited to two situations. One is the party who has suffered from partial or total loss of working ability, lack of necessary living and medical expenses, and whose life is difficult to maintain. The case has entered the litigation procedure, and the legal channels are really unable to get relief because of outside the law and reason, and his life is really difficult and needs immediate assistance; The other is criminal incidental civil cases that enter the execution procedure, or other execution cases involving vulnerable groups such as migrant workers, disabled people, retired workers, low-income and laid-off workers. The legal means of court execution have been exhausted, and the life of the executor is particularly difficult because the executor has no property to execute temporarily. The items and scope of assistance mainly include emergency treatment expenses, necessary living allowances and medical expenses, etc., but there should be a clear limit on the amount of each assistance.

2. Establishment, collection, management and use of judicial assistance funds. Establishment of judicial aid funds: establish a fund organization, located in the Political and Legal Committee, and be managed by specialized or part-time personnel from finance, civil affairs, supervision, letters and visits, and political and legal departments. Sources of funds: first, the higher-level political and legal transfer payment funds extraction; Second, local financial support; Third, local civil assistance; Fourth, it is extracted from the extra-budgetary funds such as fines, fines and prosecution fees according to a certain proportion; The fifth is social donation. The management and use of funds shall be managed by the Political and Legal Committee in a unified way, with a special account set up, which shall be earmarked for special purposes, adhere to the principle of living within our means, make ends meet, be open and fair, and strictly prohibit misappropriation or misappropriation. The procedures for use may be implemented according to the Measures for the Implementation of Judicial Assistance in Civil Enforcement Cases of Jiangxi Higher People's Court (for Trial Implementation).

Fourth, further strengthen the guidance of public opinion on judicial assistance

Financial assistance only faces very few vulnerable and helpless groups, and the effective way to change the status quo is to enhance legal awareness. With the development of society, the legal system has become increasingly complex and legal affairs have become increasingly specialized. At present, there are still a certain number of people in our country with low cultural quality and lack of legal knowledge, which will inevitably affect the operation of law in practice. This is an unavoidable contradiction. First, we must improve the legal aid network. The judicial department should strictly implement the provisions on legal aid and establish a supporting working system; Broaden the fields of aid, lower the standards of aid, improve the quality of aid, and gradually realize the "all aid should be given"; The Department of Public Prosecution and Law should establish a legal consultation system to provide legal consultation services to relevant personnel in a timely manner. At the same time, it is necessary to extend legal aid to towns (streets), consumer associations, disabled persons' federations, workers and young women, and set up legal aid stations; Extend to all communities and set up aid substations. Second, we must increase publicity on law popularization. It is one of the purposes of legal aid to carry out all kinds of legal popularization work in depth and improve the legal quality of the whole people, so as to realize the goal of advocating the law and acting according to law in the whole society. Third, we must correctly guide propaganda and public opinion. On the one hand, all political and legal departments should strengthen contact with propaganda departments and news media, and actively provide news materials that punish evil and promote good and be courageous; On the other hand, modern media such as education, television, radio, newspapers and the Internet should earnestly enhance their sense of social responsibility, correctly guide public opinion, popularize legal knowledge, promote social integrity, and make contributions to maintaining socialist harmony and stability.

Person in charge of the research project:

Li Kangping (Deputy Secretary of the Political and Legal Committee of the County Party Committee and Director of the County Comprehensive Management Office)

Coordinator of the research project:

Yin Lixin (Deputy Secretary of the Political and Legal Committee of the County Party Committee)

Person in charge:

Zhu Jibiao (cadre of the Political and Legal Committee of the County Party Committee) Research report on the judicial assistance problem of the Political and Legal Committee of the County Party Committee 2

In order to effectively solve the petition cases involving litigation, it is urgent for the applicant to Safeguarding social fairness and justice is the purpose of people's justice. For cases involving people's livelihood that have entered the execution procedure, but the person subjected to execution is really unable to perform, the People's Court of Jinxi County, xxxx Province actively relies on the leadership of party committees at all levels and the support of the government to alleviate the urgent needs of the parties through judicial assistance. Since December 213, the hospital has provided judicial assistance to 12 people in 7 cases, with a total amount of 283, yuan, and closed 7 cases, achieving good legal and social effects.

However, in practice, some people who apply for enforcement are in trouble because they have no property to enforce and have not received judicial assistance. They often go to the courts and government departments to petition and pester them, which reduces the efficiency of enforcement and damages the judicial public trust. The author now briefly analyzes the existing problems of judicial assistance from a case and puts forward relevant suggestions.

1. Execution of the case (Jiang Moumou, Xu Mouhua and Xu Moufeng applied to execute the case of compensation dispute between employees of Yang Moumou and Huang Moumou)

In December 28, the executor Huang Moumou contracted the wall painting of his self-built house to the executor Yang Moumou for construction, and Yang Moumou hired Xu Moumou to paint the wall with him. On December 11th of the same year, while engaged in employment, Xu accidentally stepped on the scaffold and fell to the ground. After being rescued, he died the next day. On December 16th of the same year, Xu's relative, Jiang Moumou, and other three people filed a lawsuit in Jinxi County People's Court. On March 2nd, 29, the court ruled that Yang Moumou and Huang Moumou compensated Jiang Moumou and other three people for their losses of 66,91.5 yuan and 15,53.5 yuan respectively. On April 28, 29, Jiang Moumou and other three people applied to the hospital for execution.

after accepting the enforcement case, the enforcement judge served the enforcement notice and the property report order to Yang and Huang according to law. Because the second executor had no property to execute, the execution was deadlocked, and three application executors, including Jiang Moumou, visited the hospital and government departments several times to petition. From 21 to 211, the executive judge deducted the deposit of RMB 6,2 from the account of the executed person Huang. Due to the family difficulties of the executor Yang, who suffered from heart disease, the hospital was unable to treat him in judicial custody. After the case entered the execution procedure, Yang went out to work and could not find his whereabouts. The compensation of three applicants, including Jiang, failed to be fully executed, and the execution was in trouble.

In the face of the implementation dilemma, on the one hand, the enforcement judge actively reports the implementation progress and difficulties to the county party committee, county government and political and legal committee, and strives for government financial support; On the other hand, actively communicate and coordinate with the town government and civil affairs department where Jiang's household registration is located, and handle the subsistence allowance for Jiang to solve his urgent needs. With the efforts of the executive judge and the strong support of the Political and Legal Committee of the Provincial Party Committee, on January 17 this year, Jiang Moumou and other three people finally got 4, yuan in relief money, and voluntarily signed an agreement to stop visiting and give up part of the creditor's rights commitment letter. The case was successfully resolved through judicial assistance.

II. Problems in judicial assistance

In judicial practice, it is found that there are four main problems in judicial assistance:

1. The scope of assistance is small. The cause of action for judicial assistance is narrow. Usually, the executor of personal injury compensation cases such as traffic accidents is the object of judicial assistance, and the amount of compensation required is large. There are few other types of cases for assistance.

2. The amount of assistance is limited. In practice, the amount of cases reported by the court as required is very large, but only 3,-5, yuan, or even less, is finally approved. Because the compensation is not actually in place, the executor often continues to petition after the aid money is used up.

3. The number of rescues is limited. Judicial assistance is usually initiated by party committees, governments, political and legal committees at all levels, and cases are reported by the courts. The number of judicial assistance is once or twice a year. However, the number of cases accepted by the court is constantly increasing, and the number of cases requiring judicial assistance is far from being satisfied with the people in need.

4. The period of aid payment is long. Under normal circumstances, party committees, governments and political and legal committees at all levels send documents to the court, and the court reports the case materials to the rescue agency for examination and approval. After passing the examination and approval, the rescue agency transfers the relief funds to the financial account or court account of the government where the rescued person is located, and then the court pays the rescued person. Issued from the rescue document