On Judicial Fee System And It's Reforming

This paper analysis and criticizes the functions and system design of China's judicial fee after evaluating China's judicial fee system and its operation. It points out that because the function of gaining resource is outstanding, while the function of adjusting the public policy is not enough, the system design hindered civilian's rights of litigation, impeded realization of judicial independence and judicial fairness.This paper are mainly divided into two parts. The first part gives the definition of judiciary fee and its constitution, and it manly concernes the theory and system of judiciary fee, including the essence of judiciary fee and its due basic theory ,the three levying modes of judiciary fee, the two systems of burdening of judiciary fee and its aiding and insurance system. Then it analyzes the two fundamental functions of judiciary fee: function of gaining resources and function of adjusting public policy, and it enumerates all the factors that affects the functions. The second part casts back the historic development of judiciary fee and after evaluating China's judicial fee system and its operation it analysis and criticizes the functions and system designing of China's judicial fee. It points out that the present function of gaining resource is outstanding and it has hindered people to look for judicial help, it also has led to the localization of judicial rights and seeking corruption in the judicial process, and it is the essencial factor of judicial corruption and judicial unfairness. The righteousness of judiciary fee must be denied and judiciary are to be cancelled. However, in China nowadays some efficient reforms is needed: changing or lowering the levying on fee to lower the whole fee, taking more flexible levying standard and burdening rule to realize the function of adjusting publicpolicy , giving the party the rights of appealing for judicial fee or of censoring .perfecting the judiciary aid system.Finally the paper calls on that enough resource must be put into judicial activity as to protect civilian's rights of litigation and judicial independence and fairness.