Ensuring every citizen equal legal rights to accept the legal relief is a basic responsibility of the State in modern country under the rule of law, therefore, most countries took series of measures: reformed the cost of litigation and legal fees; strengthened legal assistance to the poor; relaxed the conditions for prosecution, established public welfare lawsuit system; promoted legal procedure rapidly; established diversified referee organizations and mechanisms, and so on. These are in order to prevent parties not close to justice for economic reasons .But relying on these initiatives is not possible yet to eliminate economic obstacles fundamentally that remove the parties closer to justice on the road, the high cost will make more poor clients shrink back at the sight to litigation. Litigation insurance system as one kind of system form that safeguards a litigant lawsuit right better realization was born in 100 years ago. It eloquently proved that it has played a underestimated role in protecting the right to appeal of the parties, ensuring the parties to close to justice.In the West, the system has become maturation, standardization and systematism. insurance systems have become deeply in most Western countries, whatever in the most developed Germany or the relative backwardness of the British. The system shifts the risk of litigation of litigants through the social market operation, greatly reducing the cost burden on the parties. It provides the parties condition to use the dispute solution mechanism litigation. Making litigation risk into the operation of the market orbit to assess and calculate for China is not particularly strong in reality, its social significance and practice significance to protect close to justice will be very large.This paper about litigation insurance system will investigate and study deeply, through Inquiring into basic theory of insurance litigation system and Studying Comparatively it in the development of the situation abroad, eventually proposed that China's Conception of Construction litigation insurance system and give a helping hand to the modernization of China's legal system... |