Study On The Problem Of Parties' Civil Litigation Risks

In pace with the rapid development of contemporary society, increasing attention has been paid to the risks in various fields. Against this background,civil litigation risks of parties has become common concern by academics and practitioners.In 2002, civil litigation risks warning of parties has been put into practice by people's courts in Tiexi District,Anyang City,Henan Province,Pudong NewArea,Shanghai and Nanzhang,Hubei Province.And in December2003,Supreme People's Court promulgated《Law about civil litigation risks warning of parties》after getting the experience from oher people's courts and listening to views of the community fully. It summarized systematically 17 kinds of common civil litigation risks of parties and could be regard as a initial result of this study.The reason of civil litigation risks of parties is the lack of the party's own subjective factors from appearance, And from the root,it is caused by the complexity and professionalism of litigation and the limitations and uncertainties of law.So,taking care of civil litigation risks of parties and some important factors which influence them is helpful for parties. It will help the parties take actions to conduct litigation appropriately, in order to avoid unnecessary losses, and maintain social fairness and justice,so as to achieve the optimal allocation of judicial resources.This article tries to discuss civil litigation risks of parties from a new perspective,and tries to solve the following four problems.The first is about the concept of civil litigation risks of parties.The second is why some important factoes can influence civil litigation risks of parties.The third is current situation of systems about civil litigation risks of parties in China.The last is how to help parties to prevent prevent civil litigation risks of partiesExcept the introduction and conclusion,this article can be divided into four parts:The first part tries to introduce the survey of civil litigation risks of parties.At first,by defining the concept of parties and risks,the author gets the understanding of the concept of civil litigation risks of parties.Civil litigation risks of parties is objective, uncertain and predictable.Secondly, the reason of civil litigation risks of parties is analysed from root. Last,the meaning of the study in this field is discussed.The second part tries to analyse some important factors influencing civil litigation risks of parties. Civil litigation risks of parties exist in the whole process of litigation, and is closely linked to basic elements of a civil litigation. So,the author tried to find the regular pattern from considering object of action ,right of action, legal burden of proof.The third part tries to review the development of the system which is about civil litigation risks warning of parties,then, discuss the two different academic views about civil litigation risks warning of parties. The establishment and perfection of the system is now on its way.At the same time,more attention should be paid to set the appropriate measures to limit the action of judge.The fourth part tries to give some comments and suggestions to help parties to prevent civil litigation risks of parties.On one side ,parties should establish a correct concept of litigation and strictly follow the relevant provisions of the laws and regulations;On the other side,Courts should vigorously promote the system about civil litigation risks warning of parties to enable the parties to have a more clear understanding of litigation risks;What's more, during the process of litigation, Courts should give guidance and help to parties as much as possible on legal burden of proof in order to let them reduce risks as much as possible for the parties.