The Study Of Chinese System Of Civil Litigation Expenses

The civil procedure act endows citizen with a special important right of litigious right, the citizen can quest for the judicial relief by this right, 《Universal D - of Human Rights》,《European Covenants of Human Rights》and《Covenants of Civil Rights and Political Rights 》 stipulates litigious right as a constitutional substantive right. Supporting citizens to realize their litigious rights and preventing them from abusing their litigious rights became goals of set up civil judicial system. The system of civil litigation expenses plays an important role in realizing the goals. The cost of civil litigation is not only a theoretical problem but also a practical problem. Theoretically, the collection of civil litigation expenses covers many theoretical problems such as the nature of charge, Exertion of litigious right and cost of litigation. At the same time, the litigation expenses connect with some practical problems such as the procedure of collect, collecting standard and burden of cost. The system of civil litigation expenses is the reflection of an idea of litigation, lever of economic development, the ability to control economy and life by country, judicial function and status. Though study of civil litigation expenses that educe us to consider how to improve and innovate our litigious system. This article analyzes the theoretical basis of this system and the current problems and their causes of Chinese system of civil litigation expenses by comparing those systems of other states and districts. After that, this article brings forward some reformatory measures to realize fundamental litigious rights, to satisfy the requirement of just and efficient, to construct a perfect system of civil litigation expenses.