Study Of Civil Litigation Costs

In the course of judicial reforms in China, the system of litigation fees becomes people's attention focus. The thesis attempts to have a discussion on modern value concepts and their impacts on the system of civil litigation fees.The thesis begins with a research on basic theories of civil litigation fees, analyzing some relevant concepts like litigation fees, litigation costs and trial costs; compares the concepts and scopes of litigation fees in all the countries; re-classifies litigation fees in China by the theory of litigation actions; analyzes the nature of civil litigation fees and considers them as state duties with compensation; makes clear briefly the history of litigation fees in China.The thesis focuses on the discussion on justness of imposing civil litigation fees. It discusses the principle of bearing of the benefited, demonstrates the system of progressive increase with litigation quantity of case accept fees and its theoretical rationality; comments with stress newly-effected Paying Means of Litigation Fees by the State Council, affirming measures making fee burdens properly transfer from the parties to the state; the conclusion stresses that the civil judicial services provided by the state should be considered as public goods and the state financial budget should undertake a more portion in supporting the cost of trial system.The thesis researches with stress on the division of litigation fees between the parties, proposing the principle of bearing of the defeated in the second-transferring system of litigation fees; demonstrates the theoretical basis of the principle of bearing of the defeated; carries out a preliminary discussion on how to identify the parties as the winner or the defeated; examines relevant provisions of Paying Means of Litigation Fees on how to divide litigation fees between the parties; discusses systematically the fee trial system and put forward the basic frames of its construction in China; analyzes deeply the principle of litigation fee integrity still ir-researched domestically and propose to set up the principle in China for its profound judicial logics.