Cost Of Collection And Burden On The Civil Action

Disputes solution experienced a transformation from Private-power Relief to Public-power Relief. The present nations take the Interference Policy to solve the conflict between social members, the Public-power Relief represented by litigation occupies an important position in the system of social conflict solution. Any litigation adjudication, however, need certain resource consumption, which produces litigation cost, normally referring to economic spending. Who should pay for this sum? There is a heated argument about this question in our society. From the view of Comparative Method, there exist two legislation cases, ie, Compensation Doctrine and Free Doctrine in many nations. Free doctrine believes that in the present countries, ie, nations based on tax, the judicial judgment, taking the national public power as backing, is considered as a welfare service in the society, or the constitution rights of citizens. The nations shouldn't collect any money from litigants. However, compensation doctrine in most nations, based on the policy of "Beneficiary Pay", believes that the litigation system is to protect the private rights of litigants, having no relation with public benefits. The whole society cannot pay the litigation cost from the minority in the society. Meanwhile, collecting procedure cost from litigation losers is to urge litigants to fulfill legal obligations, and to prevent litigants from abusing their rights.Actually, the legitimacy and rationality are decided by the conflicts between the economy in a specific nation, are decided by the policy need of the nations. As the normal working of litigation is supported by the national finance, the nation can take various ways, using useful adjustment lever of economy and adjusting the litigation cost to fulfill the nation's policy thinking: when litigation cases increase sharply, leading to the insufficiency of judicial resources, the nation can raise litigation cost to raise private cost in order to restrain the abusing of litigation; when litigation is concerned the publicbenefit or litigation procedure becomes the luxury of citizens, the nation can lower litigation cost and simplify the litigation procedure to increase the public cost investment so as to obtain the trust for administration of justice from citizens.Our country's present civil litigation cost system is reflected in The Methods of Collecting Fees of The People's Court formulated in 1980's and its amendment and supplement. Its foundation is Civil Procedure Law in 1982. Because the guiding ideology of our country's system of collecting fees is to compensate the insufficiency of nation money appropriated, having tendency to the nation itself and the benefits of law courts. So it is criticized sharply by scholars and the public who think the present system neglects the rights guarantee of litigants, increases the litigation cost, adds to their burdens and barriers the fulfillment of procedure justice, and is opposed by the litigation purpose. So it should be amended and improved. But through investigating the vital sectors of the collecting and payment system, we find that in some places although there exist high cost such as in extend, collecting foundation, but wholly our country's litigation is little different from other countries, the proportion of litigation cost between nation and litigants is consistent with the economic development of our country, and our country is continuously increasing the judicial investment. The general thought of scholars and the public that the litigation cost is too high lies in the practical conflict between the great low-income majority and unitary deficiency of Law Aid System, the underdevelopment of litigation ideology and the irrational of litigation system, the difficulty to execute judgments, the great restraint of litigation fees for litigants to develop litigations and the general "grey payment" of litigants, etc.In the light of the deficiency of the present systems and the urgent need of the public, we should consider the factual condition of the present stage in our country, draw on the experience of other countries, and fulfill the reforms concerning litigation costcolleting and payment system step by step, for instance, to make perfect collecting foundation to fulfill the rationalization of collecting standard; to make flexible collecting methods to give play to the policy function of litigation cost system; to make appeal system for the judgment of litigation cost, so as to give the litigants relief rights; to lower the restraint of litigation cost for litigants to exercise litigation right, etc. meanwhile, we can reform and improve some other systems concerning civil litigation cost system to support and improve the litigation cost system.We need to point out that too much expectation on the function of administration of justice is not practical, to win poverty and fulfill the equality of people's social status is the government's obligation, the judicial organization and system cannot work.