On The System Of Civil Litigation Fee In China

In China, the system that court charges fees in civil cases was introduced from western countries in modern times. Generally speaking, in the category of civil procedure law, the system about procedure fee is not central or critical. But with the deepening of judicial reform, this system will be gotten more and more attention. The system of civil procedure fee is directly related to the degree of citizen accessing to justice, restricts the realization degree of the parties'procedural right, restricts various types of regimes operating, affects people's litigation concept and judicial justice and integrity. In the implementation of our civil procedure fee system appears a lot of problems. The reason is the system itself, and also lack of relevant institutions.Therefore, in this article, the author regarding the basic theory of China's litigation fee system as a starting point, combining with the foreign-related theories analyzed "two pass" theory of litigation fee. Linking to judicial philosophy, the author clarified the developing history of our civil litigation fee system. In contrast to the old and new law, combining with the judicial practice, the author assessed current problems in the relevant legislation, and put forward reform ideas from different levels, and anticipated this can contribute to our civil litigation fee system.In addition to the introduction and conclusion, this thesis includes the following parts:Part I: The basic theory of civil litigation fee system. After analyzing the broad and narrow sense of civil litigation fee, the author cleared that this thesis used the narrow sense, which lay the research starting. Then, the composition of civil litigation fee in China and other countries was discussed. Regarding to nature of civil litigation fee, the author analyzed the state regulatory fees, taxes and penalties, and put forward views and reasons. Then, the author demonstrated the relationship between litigation right and litigation fee which is a kind of state regulatory fee.Part II: The collection and the burden of litigation fee. The collection and the burden is the center of civil litigation fee system, and is been deeply discussed in this section. First of all, the thesis discussed the collection system from the following angles: the rational argument, the collection rules, standards and the relationship with courts'financial security. Secondly, with regard to the burden of the system, the author discussed the principle of loser burden, the exceptions and limitations of this principle, the system of the third party burden litigation fee.Part III: The history, status and reflection of China's litigation fee system. In this section, the author briefly reviewed the history of civil litigation fee system in our country, and this contributed to find problems in the basic of comparison. Secondly, after the theoretical arguments and discussing the core system, the author analyzed the problems of our litigation fee system, which was showed as five issues: the name and legislative bodies, composition, the collection basis, the impact on the judicial practice of reducing collection standard, the definition of"loser", the relief of lose ,and so on.Part IV: Several visions about improving our litigation fee system. In the basic of previous research, the author put forward several visions against current problems in our system.