Civil Litigation Costs System

In a legal state, judicature plays a great role. Costs of civil litigation impact whether we have made full use of judicial system. As an important system in the code of civil procedures, it not only directly relates the realization of constitutional rights which concern about accepting court judgment but also relates the science and rationality of all procedure design of civil litigation.The cost of civil litigation is not only a theoretical problem but also a practical problem. Theoretically, the collection of civil litigation expenses covers many theoretical problems such as the rationality of charge, the nature of reasonable fee, exertion of litigious right and cost of litigation. At the same time, the litigation expenses connect with some practical problems such as the collecting standard, the procedure of collect, and the burden, judgment and remedy of cost etc. The system of civil litigation expenses is the reflection of the idea of litigation, level of economic development, the ability to control economy by country, and judicial function and status. By studying of civil litigation expenses, we can know how to improve and innovate our litigious system better.Through studying of the theory and comparing the law with other states and districts, the author points out the current problems and the deep causes of the civil litigation expenses. Thus we should make some reformatory measures, construct improved costs system, in order to ensure the basic procedure right of civil subjects and conform to the justice and efficiency principle of civil procedure. For that reason, this article mostly embraces the following content.Forewords: Illustrate the importance of the cost of civil litigation, and give the reason why the author chooses this topic.Part 1: In this part, the author analyzes the rationality of the collecting. That is why we charge for the civil litigation. In conclusion, the author points out that the litigants should pay for litigation in our country, but the cost should not be too high to prevent people from appealing to the court. In other words, the cost of litigation should not be the hinder of the realization of the litigant's basic procedure rights. Part 2: In this part, the author firstly introduces all kinds theory concerned the cost of civil litigation. With carefully study, we draw the conclusion that the Cost in our country is a kind of fixed commission. Knowing of this, we can give a dear definition of the composition, and this can show us how to innovate rationally.Part 3: By studying and comparing the composition of the cost of civil litigation of most countries in the world, we get the general character of the Cost. When it comes to our country, the composition of the cost of civil litigation is quite different. By comparing with those of other states and districts, we know there are many problems. The author further illustrates the factors that affect the composition of the cost of civil litigation. Knowing of that, we can reform the Cost following this way.Part 4: According to the theory, there are many problems in the cost of civil litigation system in our country, such as the burden, the collecting standard, the management, the salvage, and the remedy system etc. It's time for us to innovate.Part 5: With the theory's guiding and the deep understanding of the cost of civil litigation in our country, we can reform the system clearly and definitely. This article advances that we should enlarge the composition of the civil litigation, make rationale collecting standard, constitute effective management system, improve the salvage system, and set up smooth remedy procedure.Concluding remarks: Emphasize the importance of the cost of civil litigation to the judicial system, and restate the reform is of momentous current significance and far-reaching significance.