Parties To Litigation Cost Studies

In modern society, the main cause of hard to "access to court " is not only lacking of legal knowledge, but also the financial and manpower resources are scarce. In order to make the civil action able to be adopted by people of our country, upgrading the traditional action consciousness and implementing "justice for the people" are important. So the cost of litigation is the important subject in the study system of civil action.This article proceeds from relevant concept of the cost of litigation, and has pointed out the concept and extend of the cost of civil litigation in person, and the study meaning and purpose. On the basis of classifying the cost of litigation in person, the article has analyzed various kinds of burden ways for the litigant, and carried on the analysis of cost and income. At last, the author puts forward characteristic and question that the cost system of litigation in person exists at present, and put forward the perfecting opinion.There are about 35000 words in the article, and the article consists five parts:Part one: attaches to the definition and the study meaning of the cost of litigation in person. In this part, the author put forward the definition of the cost of litigation in person is the total burdens for the litigants. Then the cost of litigation in person is an organic component in the study system of the civil process, and it is a key factor of ensuring citizen's right; basic means to foster the rational culture of lawsuit; deeply influence of justice or not.Part two: probes into the compositions and burdens of the cost of litigation in person mainly. The cost of litigation in person is made up of economic cost and non-economic. And the economic cost includes court's expenses, lawyer's expenses and other litigation expenditure; non- economic cost includes the time and spiritual cost. There are two kinds of forms of burden in cost that are realized though the judgments. At last this part sets up mathematics models through utilizes the weight theory. On the basis of protecting the people's litigious right, the author put forward the methods about how to make rational choice in all the dispute solutions.Part three: discusses the status of cost system of litigation in person in ourcountry and proposes the perfecting opinions. The author points out the cost system of litigation in person in our country has three main characteristics at present, and there are disadvantages existing at the same time: l.the costs of litigation is too high; Zlacking of the redress measures to the costs in litigation; 3. the confusion of how to use lawyer's expenses rules appears in judicial practice; 4.the civil action lacks of benefits; 5.people hard to gain the legal aid. Reducing the cost of litigation in person and fully application non-litigation dispute solutions are two goals of the reforming. And the ways of the reforming includes as follows: l.modifying the court's expenses and lawyer expenses rules; 2.in order to promote litigation benefit, it needs to optimize procedures in the litigation and non-litigation dispute solutions, and constructing the small claim procedure, reforming the appeal procedure and adjudicatory supervision procedure. Then setting up proper exits in whole procedure, that impelling disputation to be solved rapidly; 3.in order to safeguard the poors' litigious right, it is necessary to make the burden of cost of litigation in person socialized.