The Research On The Insurance Of Litigation

The system of litigation costs is very important in course of civil procedure; it even concerns the base of the judicial system. But for a long time, almost no attention was paid to this system, there are many problems in legislation and practice all the time. A lot of people are unable or unwilling to enter the lawsuit because of the unreasonable litigation costs, and the phenomenon that"he costs repel the lawsuit"has appeared. The failure of traditional aid measures in litigation is calling the new system. Combining the economic theory of micro, we can establish the system of insurance of litigation costs(the system of insurance of litigation in brief), letting the majority share the risk of litigation costs, and making litigation costs save itself in microcosmic region. It must be a feasible scheme.The essay is divided into six parts together with an introduction and a conclusion.Divided in three parts, the first chapter named a restricted view of the insurance of litigation is an overall introduction of the insurance of litigation. Concepts ate needed to support ideas, because of the novelty of insurance of litigation, it is very important to make a definition. First, answering two questions: what is the insurance of litigation? How does it develop into modern system? Second, analyzing the insurance of litigation on the view of law to introduce its three basis. Third, a comparison, between the legal aid and the insurance of litigation, whose purpose is not only to distinguish the two similar system, but also to make people know more about the insurance of litigation.Divided in four parts, the second chapter named a view of the insurance of litigation from comparative law, France, Britain, Germany, Japan are selected to do analyses. The reason to select France is that France is the sprout; select Germany is for its most developed insurance of litigation; select Japan is for its typicality of Asian countries; select Britain is to introduce its implementing situation in English law system. Through compare we can see the development level of the insurance of litigation in every country is different, and the government's supervision is different too, however every government support this system.The third and fourth the chapters focus on the necessity and feasibility of the insurance of litigation. The arguments on necessity are major in two parts: litigation costs and the functions. The arguments on feasibility are from juristical and economic aspects too. During the arguments, the essay uses some economic theories, and point out that the insurance of litigation should be concluded. This is not only the feature of the essay, but also the provide the base for the following parts.The fifth chapter named the obstacles and methods of the insurance of litigation's transplantation, focus on our country. It is divided into two parts. The first part is to tell the obstacles in ideas and systems; the second part is to give some ways to deal with these problems.The sixth chapter named the building of the insurance of litigation gives the operations of the insurance of litigation in details. This chapter is rich in technologies, which is divided into three parts: concrete insurance categories, stock system and general regulations.