Research Into The Construction Of Legal Expenses Insurance Institution

Ensuring every citizens' equal legal rights to accept the legal relief is a basic responsibility of the State in modern country under the rule of law, therefore, most countries took series of measures:reformed the cost of litigation and legal fees; strengthened legal aid to the poor; promoted legal procedure rapidly; established multiplication referee organizations and mechanisms and so on. These are in order to prevent parties not close to justice for economic reasons. But relying on these initiatives is not possible yet to eliminate economic obstacles fundamentally that remove the parties closer to justice on the road, the high cost will make more poor clients shrink back at the sight to litigation.For the parties, choose litigation as the last way to settle disputes, is nothing but hope their legal appeal can get the court's equal judgment and decision of justice. And in order to achieve this goal, we are facing the economic obstacle and litigation risk in this process, if no better solutions, attempt to draw lessons from western relevant systems also another road to success. As one of such systems which guarantee the realization of the litigation rights better, legal expenses insurance system was born in 100 years ago.It eloquently proved that it has played a underestimated role in protecting the right to appeal of the parties, ensuring the parties to close to justice.In the West, the system has become maturation, standardization and systematism. insurance systems have become deeply in most Western countries, whatever in the most developed Germany or the relative backwardness of the British. The system shifts the risk of litigation of litigants through the social market operation, greatly reducing the cost burden on the parties. It provides the parties condition to use the dispute solution mechanism litigation. Making litigation risk into the operation of the market orbit to assess and calculate for China is not particularly strong in reality, its social significance and practice significance to protect close to justice will be very large.This article, from the civil litigation risk dissolve as the breakthrough point, and this paper with four parts to investigate and study deeply about litigation insurance system, through exploring the civil litigation risk solutions and litigation expenses insurance system foundation theory, and compare investigation litigation cost insurance system in foreign countries, analyzes the development status in China has established litigation cost insurance system the feasibility and necessity of our country, the paper puts forward some suggestions of establishing the system and the problems that should be paid attention to and give a helping hand to the modernization of China's legal system.