On The Reform Of Civil Litigation Expenses

The road to justice is always full of thorns, and similarly, in the course of people access to justice that many obstacles exist, and to pay the court costs is one of the "legal obstacles".China's court costs system is a an important component of the civil litigation system, the key stipulations of the parties to the court to pay legal costs, the burden of legal costs related to litigation, as well as aid and other issues. In this paper, the promulgation and implementation of Regulation about the Payment of Court costs as the main background, based on the civil judicial effect as perspective, in order to enhance the judicial effective of court costs for the goals, analyzed the related factors that impact civil court costs system, discussed the relationship between court costs system, the peripheral system and judicial effect, pointed out the standards to evaluate and reform the costs system and whose guiding principles: that is, whether it is conducive to protect people access to justice through the justice to settle disputes; whether it is conducive to protect the health and long-term mechanism for the judicial operation. Finally, the civil court costs system to produce good results not only to the judicial proceedings by virtue of the reform of the cost system, but also depends on that the civil court costs system and peripheral system shall be considered on the basis of a comprehensive,integrated and coordinated the promotion of reforms.In addition to the introduction and conclusion, the text is divided into five chapters.Chapter I, China's history of civil courts costs system and related systems outside the briefing. Firstly, introduced the China's history of civil courts costs system after the founding of New China and related systems outside, revealed that the set of court costs system as part of the justice system followed political power changes, at the same time adjustment of court costs system in corresponding to judicial effects. Secondly, China's current Regulation about the Payment of Court costs by reducing the cost of litigation, to a certain extent, reduced the financial burden of the parties to access to justice and protect rights, but at the same time which brought the surge in the number of cases, as well as funding difficulties, in the long run is not conducive to a good judicial effect, it may aggravate some deep-rooted contradictions.Chapter II: Underlying factors impact court costs system. Firstly, discussed from the abstract perspective of designing the court costs system that two basic factors should be taken into account: that the relationship between the "State" behind court and members of society as potential litigants, the members of the society as a potential litigants, that is, the former "revenue protection" relations and the latter fair share, and the two basic factors that will determine the costs itself is not completely abolished, neither be set too high. Secondly, applicable to the specific situation in China, the factors impact court costs system were: the capability of financial guarantee to the functioning of the judiciary, the "attention" of macro decision-making for the administration of justice and the people's ability to "consuming" the justice. Therefore, discussing China's reform of the system on the topic should pay attention to whether the abstract matter or specific context.Chapter III: Relationship between civil court costs system and the judicial effect. As the part of the focus of the article, introduced the basic theory of the judicial, which is that whole series of legal system operated by the way of justice and whose actual results, by the theory of judicial effect, pointed out the standards to evaluate and reform the costs system and whose guiding principles: that is, whether it is conducive to protect people access to justice through the justice to settle disputes; whether it is conducive to protect the health and long-term mechanism for the judicial operation. The article holds that the functioning of justice to a large extent depended on civil costs in China, the Regulation to reduce the costs initiatives intensified problem that the long-term existed in people's courts of justice on insufficient funding , certain negative impact will be brought to the people's courts' judicial capacity construction at the same time, as a result of financial security, the people's court is not independent of the court costs brought non- neutral attitude also affects the functioning and design of the simple procedures and mediation system, will have certain negative incentives to simple procedures and mediation system, affect whose normal function; once again, will have positive impact on the lawsuits of civil parties and court's public image .Chapter IV: Other regulations or configurations readily related to both costs of the civil court and its impact on justice. It is asserted that like any other legal systems, the system maintains good condition only by cooperating with series of other related regulations or configurations which are set down for the same purpose. They are lawyer's fee, judicial aids and financial assistance for justice as well as the arrangement of court costs. By a brief analysis the conclusion approached, close attention must be paid to these related regulations and configurations when gauging the effect of the civil court costs system if we expect a good one.Chapter V: Some advice for the improvement or reformation of our state's current civil court costs system The article explained that the urban-suburban separating governing policy must be took into account when any ideas to reform the civil court costs system are seriously considered for the reason that rapid development these years have been digging the gap more wildly between urban and suburban economy as well as between the different areas of the country. Moreover, the pursuit of amicable settlement before a suit is brought before the court should be an encouraging access on the constraints of defending the legal rights of the party of both sides to choose a lawsuit procedure. The regulations and configurations also should be designed to prevent possible corrupt of the judicial system and to elevate the authority of the Justice. Also, with consideration of the related regulations and configurations as referred above, all these together could lead to reformation of efficiency on the basis of the thorough thought on every issues involved which are the lawsuit procedure, the qualification of the judge and the rearrangement of office affairs in judicial system.