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On The Practical Investigation And Comment About The Exercise Of 《the Paying Means Of Legal Expense》

Posted on:2008-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:R XiaFull Text:PDF
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《The paying means of legal expense》has been announced by State Council on 31st December 2006, and put into force from 1st April. 2007. This is an administrative regulation about charge of Civil Litigation and Administrative Litigation. It has gained favorable comments of public.《The paying means of legal expense》has displayed《The charge methods of lawsuit in people's court》formulated by Supreme Court, it deleted some blurred concepts and terms such as "other legal expense" etc which leave court large space of judging. It make the system of people's court fee more standard, for instance, the adjustment on paying standard about legal expense has been lightening the burden of parties' legal expense by a wide margin in whole, feasibly guaranteeing parties' rights and benefits, encouraging common people "access justice". It has important meaning to realize the basic human right.However the reduction of legal expense because of the paying means caused a large part of courts and judges worry and doubt. For a long time, legal expense could guarantee the normal operation in people's court and enlarge foundation construction. At some point it was the main origin for settling judge's welfares. How to settle the funds breach in court as the result of the largely reduction of legal expense? Can judges load the increased cases? Can the implementation of《The paying means of legal expense》achieve the original intention of designation? Whether these problems can been settled depend on practice inspection. So concerning about implementation of《The paying means of legal expense》, analyses the existent problem, putting forward methods and thought of settling has some theoretical and practical value for perfect the system of charge of lawsuit.This paper simply introduce the formulation background and innovation value of《The paying means of legal expense》. In order to put forward beneficial ideas, itanalyses the conflicts among each main-body and discuss the building defects about thepaying means according to the investigation about the operation after it implemented forhalf a year in a intermediate court.
Keywords/Search Tags:legal expense, practical investigation and comment, conflicts of benefit, guarantee of finance
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