Jurisprudential Analysis Of The Evolvement Of Court Costs Regime

In modern society, more and more cases are pouring into the court. Due to the imbalance between the development of law and economic development, it is often the case that available resources for litigations are far from enough and cases are not promptly handled. Court costs are the first things to face when instituting a legal process, and are pertinent to the essence of civil litigation. It has an impact on the quantity of the disputes referred to the courts and on the fulfillment of the principle of Justice for the People. The Regulations on the Payment of Court Costs (the"Regulations") became effective on 1 April 2007. The Regulations have made enormous amendments and revisions to the former provisions on court costs payment and, to certain extent, have changed the current regime with excessively high court costs.This Thesis consists of three parts, namely, Introduction, Text and Conclusions. The Introduction focuses on the relationship between the court costs and civil litigation system and their influence. The Text is divided into six chapters, which are on significance of court costs regime, relevant basic theories, comparative study, the history and status quo of China's court costs regime, components of court costs, evolvement of court costs with regard to two specific cases, respectively. In the chapter on basic theory, considerable contents are devoted to analysis of the nature of court costs, rights to court, and justice and efficiency in litigation. It is intended that the components of court costs and the evolvement of court costs with regard to two specific cases are the focus of this Thesis. The author makes an in depth analysis on the components of the court costs, exemption scope, payment in practice, Supervision and Urgency Procedure, and the costs payment in labor disputes cases. With the basic theories concerning court costs, this analysis is made in the background of the prevailing principle of Justice for the People and has deliberated on and combed the existing problems and redeeming features. It is envisioned that a full description of the evolving track record of China's court costs regime will emerge through the comparison between the Regulations and the Provisions on Court Costs Charge. In the chapter of Conclusion, it is concluded, based on the analysis of limited judicial practice, that it is necessary to make amendments to pertinent system in conjunction with the huge reduce of the court costs and only with these simultaneous measures can the principle of Justice for the People be solidly followed. It is the characteristic of this Thesis that basic theories concerning litigation are adopted in the analysis of China's court costs regime and diagrams are utilized in the specific and in-depth analysis of the evolvement of court costs regime. In addition, the author conducted investigation on the impact of the costs deduction in the labor cases to explore whether the contemplated effect can be realized as a result of relevant regulations changes.This Thesis is the result of analysis, compilation and reasoning of relevant materials based on various relevant theoretical achievements and certain field work, with various research approaches adopted. Since the court costs regime is an abstruse topic, theoretically and practically, and the author is not seasoned and is a newcomer in this sphere, it is hard to avoid the possibility that some of analysis is nothing but jejune narrative. Further, the Regulations have been enforced for less than one month when this Thesis is completed. It is nearly impossible for the author to collect sufficient materials and data from the practice and conduct thorough investigation during such a short period, lack of which usually leads to jejuneness and inane arguments. There two points are where the author is short of and where the author genuinely welcomes suggestions and comments from every experienced professors and scholars.