On The Cost-sharing System Of Civil Procedure

The construction of cost-sharing system of civil procedure is designed to realize the goal of optimal allocation among the relative parties in terms of civil litigation costs. Therefore, the cost-sharing system of civil procedure, based on the control of litigation costs, is to distribute reasonably among the relative parties of civil litigation. In practice, however, there are still many flaws and defects for the redistribution of civil litigation costs, which seriously impeded the development of China's civil litigation practice and gravely affected the renovation of our concept of civil procedure and the construction of the country under the rule of law. This paper, linking to cost theory in economics and related theories in jurisprudence, has undergone a thorough and painstaking research as to the issue of the sharing the costs of civil litigation, and on this basis, puts forward some sound proposals.Excluding the part of preface and conclusion, the main part of this paper is divided into three parts, containing 22,000 words:Part One, the analysis of basic theories related to civil litigation costs. Applying the costs management theories of economics, with the help of related cost terms of economics, this paper made a scientific definition to the connected concepts of civil procedure costs. On this basis, it analyzed the constituent elements of civil litigation costs and on the foothold of related parties of civil litigation divides them into national share of costs of civil proceedings, parties'share and social share of the costs.Part Two, the analysis of basic principles of the distribution of civil proceeding costs. In this part, civil proceeding costs were divided into national share of civil proceeding costs, parties'share of civil proceeding costs and the social share of civil proceeding costs and they were discussed respectively. The national share of civil proceeding costs primarily discussed the reasons for the country to share the costs of civil proceedings and the relation between the country and the parties of civil proceedings during the process of distribution of costs and analyzed with Pareto Principle the way of distribution of for the country and the integrated social benefits out of reasonable national share of civil proceeding costs. The parties'share of civil proceeding costs mainly discussed liabilities among the parties during the process of civil proceeding as well as the supposed share of costs. The social share of civil proceeding costs involves the causes for the society to share the costs and the way to share them. Part Three, China's current condition of cost-sharing system of civil procedure and the consummations of it. Firstly, this part made an analysis of the country's cost-sharing system, pointing out the problems in the system such as unreasonable charges of civil proceedings, unscientific procedures, and incomplete summary of civil proceeding costs as well as the improper principle as to the distribution of civil proceeding costs and so on. After that, this part had put forward the feasible proposals for the consummations of procedure of civil proceedings, way of charge of civil litigation and legal aid system.