Research On Litigation Insurance System

Able to obtain court relief, equal access to justice is unanimously approved by the countries in the world basic elements of justice, was referred to the high degree of protection of human rights, but also the fundamental rights expressly granted in many national constitutions. But when the right to realize this, but there is a possibility of problems in practice. The most basic obstacle is a party to pay the admission fee to enter the court issues that the parties have to pay court costs. For those who either can not get public funding, but not by virtue of their economic strength to a lawsuit, because they will be shut out the high costs of litigation court. Denial of justice will result in an invalid power to protect the value of derogation, and even have a negative impact on the economic and social activities. Right remedy for the absence of members of the society more unjust. 不 Different systems to solve this problem provides a different way. Among them, the legal expenses insurance system implemented by European countries in general, is considered an important institution of effective access to justice. Legal expenses insurance is through commercial mode of operation, the individual’s risk of loss in legal fees to purchase insurance group dispersed among reflects a mutual aid society, but also expand access to justice path. This paper aims to study the legal expenses insurance system, in order to promote the protection and realization of civil rights in our judicial remedies.In addition to the introduction of this article, the total of six chapters, each chapter contents are summarized as follows:The first chapter is a legal expenses insurance Introduction. In all countries, due to the different legal expenses insurance awareness, national institutional arrangements for legal expenses insurance is not the same, the same definition of legal expenses insurance awareness is also very different. There are two main types, the first one is in the form of pre-payment of contributions and then enjoy the corresponding legal services, and the second is as insurance products by insurance companies, insurance companies, the cost of litigation to insurance policyholders in the form of compensation. This chapter analyzes the legal expenses insurance features, functions and deficiency, as well as different and legal assistance. Legal expenses insurance has experienced sprout from the late 19 th century and early 20 th century style mutual organization, to form a motor vehicle insurance protection in the 1920 s, to the late 1930 s extended to private life, labor relations, vocational and commercial field, legal expenses insurance maturing and expanding, and of course also experienced some setbacks and opposition. For example, the development of space squeeze, the legal profession and government opposition is not recognized.The second chapter is the analysis of the legal framework for the cost of insurance. Legal expenses insurance involving insurance companies, clients and lawyers, they were playing a different role. Trust relationship exists between them, the relationship between the insurance contract, the service provider contractual relationship and presence of asymmetric information. According to legal expenses insurance forms, analyzes the legal costs of several major types of insurance, such as pre- and post-independent and additional insurance. Then explain the problem of information asymmetry in legal expenses insurance, the problem could cause problems of moral hazard and adverse selection, which is all the insurance you may encounter problems. Insurance market is a typical asymmetric information market, due to the inherent characteristics of the insurance mechanism, whether the buyer or seller of insurance possession of information asymmetry exists, this information asymmetry, can easily be used by participants in the insurance market, and leads Insurance market operation inefficiencies and failures.The third chapter of the legal expenses insurance UK, USA, Germany and Switzerland, the four countries were introduced and analyzed. British legal expenses insurance relatively late development, legal expenses insurance market is not very developed, and can not be compared to the German insurance market. Britain created a conditional fee agreement and post-accident legal expenses insurance. This section briefly describes the English legal expenses insurance, basic rules and market developments. German legal expenses insurance history of the creation and development earlier than the UK insurance market share accounted for nearly half of the European market.Germany’s litigation expenses insurance is based on a modular concept, consumers need to be combined according to their purchase. Most German legal expenses insurance is based on a series of standard conditions guaranteed by the German Association of Insurance Companies announced the development of their insurance policy with a great degree of consistency. Section II also describes the contents of the German standard contract terms and the German legal expenses insurance market. Section III describes the European legal expenses insurance is different from US prepaid legal services. US pre-paid legal services mainly in the form of groups, group members paid a fee, provided by the respective program to provide some compensation for certain legal services or legal fees. US promotes amend US law through the power of social movements, the law allows the provision of legal services to the community members, lawyers involved in such groups also allow legal services. US presence in various forms in the form of pre-paid legal services, such as in the form of union, insurance companies and other corporate entities in the form of implementation of prepaid legal services. A small proportion of which provide services only in the form of insurance. Section IV describes the Swedish legal expenses insurance. Swedish legal expenses insurance is attached on top of a house or car insurance. Therefore, the Swedish legal expenses insurance coverage is wide. Also a form of union membership because of labor-related matters and enjoy legal services, annual contributions are very small. Recent reforms of legal aid for legal expenses insurance in Sweden had an impact.Chapter Four groups after legal expenses insurance and accident analysis. British and American group insurance is a unique form of insurance. As a member of a particular group is insurance safeguards, group insurance by employers, business associations and trade unions for the benefit of their employees and members of the purchase. Introduces several major groups, legal expenses insurance, operational procedures and content. After the accident legal expenses insurance is a party after the accident to worry about paying legal fees of the other party and their own legal costs, and the purchase of a legal expenses insurance. It is usually entered into a conditional fee agreement with a lawyer at a party together to use. It differs from conventional legal expenses insurance before the accident, it costs several times higher than conventional. This section describes the basic contents insurance operations after the accident, and the impact of judicial reform Justice Johnson after the accident insurance.The fifth chapter is the scope of operations and legal expenses insurance. Additional forms of existence, independent form, in the form of direct and indirect sales in the form of legal expenses insurance sales. States have focused on sales, not entirely consistent. Elected party lawyer, now general counsel of the insured the right to freedom of choice, the relevant EU law and national laws also have provisions, but that right there is a process of evolution. Some national insurance companies can use their own employees to solve legal problems policyholders, to control costs savings purposes. When the insured needs to provide insurance benefits when the insurance company, the insurance company should be audited in accordance with the relevant agreement is to provide insurance benefits, if the two sides disagree, an independent attorney general opinions prevail. Covering a wide range of legal expenses insurance, general insurance, including transportation, commercial insurance, home insurance and real estate insurance, insurance companies tend to exclude some or intentional acts, pre-existing conditions, such as the case of these cases will not provide insurance benefits, Like other insurance often set insurance limits and deductibles.The sixth chapter is to build legal expenses insurance system. Our country has no legal expenses insurance, whether the introduction of the system, there is a doubt whether the feasibility and necessity. For these questions, I use their empirical research data and discusses related theories. Our system has been on the cost of litigation reform, generally reducing the cost of litigation, but the higher the amount of property the subject of litigation cases is not fall. Compared with the United Kingdom and Japan civil litigation costs, the overall high fees of litigation, litigation costs for the parties concerned is still a heavy burden. Our attorneys’ fees compared to the cost of litigation, the higher fees, litigation costs more than 3-4 times(compared to local lawyers guide price). Because of the limited state financial subsidy, coverage of legal aid is very limited. All this shows the need for legal expenses insurance in our establishment. Data show that China’s current disputes and litigation-prone; rapid economic development; increasing public awareness of insurance; litigation costs and attorneys’ fees to a certain extent can be predicted, such as the reality of the conditions described, the establishment of legal expenses insurance is feasible. Meanwhile, China has some of the relevant legal provisions and clauses exist. In some places the pilot implementation of the legal expenses insurance and similar services, which are the basis of the introduction of real legal expenses insurance system. According to China’s actual situation, the future of our legal expenses insurance system, from the scope of insurance applicable, insurance setting, insurance way, accident insurance, insurance coverage and insurance payment scope of a simple idea.