Analysis Of Running Situation Of "Means Of Lawsuit Expense Paying"

After the guideline"deepen the reform of the judicial system"was proposed in the 17th party congress reports, a new round of judicial reform in our country started officially. And the"Opinion on Judicial reform " put out by the Commission of Politics and Law of the CPC Central Committee is the total plan of this new turn of judicial reform. In China, structural reform is promoted by system reform, while lawsuit expense system is rather important in the judicial system, which is also one of the systems that our commoners most paid attention to. Many scholars in our country have also carried out several fruitful explorations in this area, which gave huge impetus to the construction of consummating the lawsuit expense system in our country, and has indirectly facilitated the appearance of " Means of Lawsuit Expense Paying " (hereinafter refers to as "Paying Means"). After nearly three years of implementation from 2007, many problems occurred in the operational process of the court, some of which were neglected in the construction process in the past, and some of them were newly found in the operational process of the new lawsuit expense system. This paper mainly adopted the empirical research technique to investigate based on a grass-roots court in the west of Hunan Province, so as to figure out the solutions on these deficiencies in consummating the lawsuit expense system. The article can mainly be divided into three parts:The first part, the positive influence of the "Paying Means" in practice. After the "Paying Means" was promulgated, scholars made several theoretical analysises about the positive influence which is likely to occur in a court in accordance with the implementation of the new lawsuit expense system. The author carried out analysis about the positive effects appeared during the operation of the new lawsuit expense system in the court of the investigated area, the processing possibility of the"Paying Means"was highly agreed.The second part, after the "Paying Means" was executed, the truly questions a court would meet lies mainly in, problems occurred in the processing that led by the"Paying Means" itself; the refund procedure of the Litigant still needs to be further improved ; the difficulty and high cost of the local litigant judicature relief.The third part,The author analyses the reasons of all the above problems in this paper.?The subject of "Rules" is formulated, the funds of court is a serious problems, the cost of litigation system fails to keep around. The forth part, aiming at the consummation and reform of the problems occurred in the operation of a court after the execute of the "Paying Means", the author propose at first: legalizing in the basis of the main body of authorized legislation; defining the lawsuit expense constitution scientifically; simplifying the refund procedure of lawsuit expense. Meanwhile, the advice on the improvement of the effective operation of the"paying means"are recommended: strengthening the fund management of the court; perfecting the management and the surveillance system; resoluting the problem about the owning fee of construction as soon as possible; enhancing the combination of judicature activity and national common law according to the local situation; governing the litigant who abuse the right of suit; consummating the construction of the ambitus system of the lawsuit expense.