Concerning Civil Legal Expense Insurance System Establishment

At present, single right remedy system of legal aid has been insufficient to all citizens for providing timely and effective relief in our country. Civil rights poverty more and more performance for which enjoys the rights could not be guaranteed and unable to obtain legal remedy. Under impoverished economy, the national has presented the dilemma of rights poverty. To construct a set of legal expense insurance system complementary with legal aid in order to maximum safeguarding and realizing civil rights is close to the judicial popular trend of contemporary society ruled by law. This article based on the characteristics of existing judicial system of insurance in western country and the system's many efficacy as the starting point, And then analyzes the operation status of litigation system of insurance of legal expense insurance system, the government of guarantee and evaluation, litigation system of insurance of existing positive effect etc in two legal system's main countrys domestic law in order to seek the practical significance and feasibility of constructing legal expenses insurance system. Finally we will reach the feasibility and the specific design scheme of legal expense insurance system.Full-text altogether is made up of four parts, the respective for litigation system of insurance of meaning, legal expense insurance system function, litigation system of insurance of our country's comparative investigation and legal expense insurance system construction, etc. The first part start with litigation system of insurance's historical evolution to introduce the system and the specific meaning, and then introduce the concrete legal expense insurance system characteristics. The second section describes the legal expense insurance system's social function, concluding the realization of social justice, litigation risk dispersible and compensation the lack of legal relief resources for detail. It emphasize on litigation insurance positive significance to humans right and on the important value concerned for realizing the equality in litigation against. The third part adopts comparative, empirical analysis and induction method, focus on the introduction of the two law systems countries legal expense insurance system, like: Britain, the United States, France, Germany, Japan, aims to the above national legal expense insurance system of the investigation concluded that the system has the common features, from another level in foreign insurance system elaborated litigation run for years has the positive social function. Through the comparison between east and west, we can confirm that it is realistic meaning and urgency for our country introducing the system. The fourth part is the specific design for legal expense insurance system constructing in our nation. We get some solving strategy in constructing legal expense insurance system.