Font Size: a A A

Reading The New Trend Of Civil Litigation Costs System Of Our Country

Posted on:2008-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiaoFull Text:PDF
GTID:2166360242993948Subject:Law
Abstract/Summary:PDF Full Text Request
Litigation costs is an important part in every country's civil litigation system. Just as the rights to bring lawsuit, the system of litigation costs also has a close connection with plaintiff. The rationality of litigation is reflecting the extent of law protection to its people. In modern countries, the right to bring litigation is the right conferred by constitution to citizens. In order to realize the right of citizens and have the right essentially, the rationality of litigation costs is apparently important.Our country's civil litigation costs system has a history about twenty years, in which a lot of guiding documents were adopted, such as the legislation by People's Congress, the judicial interpretation by the Supreme Court, plus the newly adopted"Method of Litigation Costs Charges"by State Department, making the discussion about the litigation costs hotter and hotter. The Method of Litigation Costs Charges basically inherits the structures and contents of old stipulations, although it makes some adjustments to the previous stipulations, such as"all the litigation charges should be paid and moved on to financial treasury, separate charges from pay", which making the system of litigation costs more scientific by making the chapter of Judicial Remedies separated from other chapters, detailing the methods of suspending, cutting, or free charging litigation costs. All of these have successfully relieved the burden of citizens to bring litigation, and made them to judicial justice more closely. However, there are still a lot of defects in it, such as the qualification of the body to formulate the method, the contradiction of contents in it, the practical implement of some parts, the lack of other related provisions, and so on.We should give praises to the Method of Litigation Costs Charges, but we also should think over the result of the implement of this document. The gist of my paper is hoping make contributions to the reform and development of litigation costs system, by studying the present situation of civil litigation costs, finding its innate connections to other systems of civil litigation, giving my new idea to the problems and contradictions in it.
Keywords/Search Tags:Civil litigation, Litigation expenses, Pay provision
PDF Full Text Request
Related items