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Study Of Chinese Civil Litigation Expenses System

Posted on:2011-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:S L DuanFull Text:PDF
GTID:2166330332471796Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In a modern country ruled by law, the right to trial is a fundamental right conferred by the constitution on every citizen. A rational system of litigation fees is of particular importance for enforcing this fundamental right.This paper, which consists of four chapters, takes the system of civil litigation fees as the object of study.In the first chapter, the author of this paper, on the basis of an introduction to the system of litigation fees, analyzes several doctrines on the nature of litigation fees, proposes the view that litigation fees should by nature be stipulated by the state and, in the meantime, have the nature of punishment, propounds the function and history of development of litigation fees, and discusses the theoretical basis for establishing the system of litigation fees and its value orientation.In the second chapter, the author, on the basis of expounding the systems of litigation fees in civil-law countries and common-law countries, analyzes the differences between civil-law countries and common-law countries in terms of their systems of civil litigation fees.In the third chapter, the author performs an in-depth analysis of the problems with China's system of civil litigation fees.In the fourth chapter, the author, on the basis of expounding the necessity of improving China's system of civil litigation fees, proposes the respective recommendations for perfecting China's system of civil litigation fees.
Keywords/Search Tags:civil litigation, litigation fees, improvement by legislation
PDF Full Text Request
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