The Study Of Litigation Cost System In China

The civil litigation cost system has become a firmly institutionalized part of the civil procedural system in almost all the modern states.Being closely connected to the interest of litigants,the rationality of civil litigation cost,same as other litigation rights,serves to reflect to what extent the people can be protected by the law.It is one of the essential rights for a person to "receive trial",deemed to be fundamental,in modern states ruled by law.Hence,in order to have ordinary persons "access to justice" and enjoy "judicial wealth",it has become apparently important in running justice with a rational litigation cost system.It has been more than 20 years since the Civil Litigation Cost System was introduced and implemented in China,experiencing a lot of difficulties and challenges.Many related rules,guidelines and judicial interpretations had been formulated and published in this time.A substantial reform to the system took place in 2007,that was the publication of "Litigation Fee Charging Rules" with major adjustments and useful supplementary.Thereafter,a series of new problems arose. Taking consideration of the increasing concerns from all walks of life over civil rights protection and social harmonious development,with the backdrop of deepening judicial system and working mechanism reform, the essay is attempting to illustrate the existing Civil Litigation Cost System from theoretical and comparative perspective,and provide analysis to the state quo of the said system in an empirical approach,with aiming to propose suggestions for the further improvement of the System.Starting from basic theory of the system,the dissertation studies and clarifies the concept and scope of civil litigation cost;by comparing different systems in various countries,the ariticle defines composition of the expense in China.Through analyzing the rules and legal nature of the charge,the essay asserts that in some sense it belongs to a kind of eclectic method,similar to the governmental compulsory charge.Besides,the essay also explains the charging policy between litigants by elaborating sharing principles.Moreover,the essay introduces the historical development of civil litigation cost system in China,and provides comparison on respective characters in each stage.Furthermore,the essay contributes implicitly or explicitly to make a relatively comprehensive understanding of existing rule,indicating pros and cons of "Rules on Charging Litigation Costs".What's more,it empirically demonstrates a series of new social problems arisen by exercising of this new rule.Finally,the essay puts forward suggestions on improving existing civil litigation cost system in China as followings:First,formulation of an unified,exclusive and authoritive Civil Litigation Costs Law from perspective of legislation;Second,establishment and improvement of relevant matching mechanisms from point view of regulation system; Third,guarantee of enough budget and establishment of long-term ensuring budget mechanism.