The Cost Of Litigation To Pay The Way Research

The system of lawsuit expense is an important judicial system. Whether the lawsuit expense is reasonable or not affects the realization of litigants' right. In 2003, consummating the safe mechanism of the politics and law funds were claimed in the work report of the State Council and Supreme People's Court, which meant the prologue of the lawsuit expense system reform. The promulgation and the implementation of the "Means of Lawsuit Expense Paying" are the significant reform achievements. However, there are few theoretical and systematical studies on the new "Means" at present. This thesis takes this lawsuit expense reform as a turning point, takes new "Means" as the object of study, analyses the differences between new "Means" and "the People's Court Lawsuit Charge Means". As new "Means" it still exists the insufficiency and problems. I propose the preliminary reform tentative plan based on the foundation.The first part analyzes and summarizes the reasons why new "Means" come into being and its process. The main reason is that old "Means" has obvious flaw.The second part outlines new "Means" key revision. In one word, the charge standard of new "Means" has declined greatly.The third part is an important part in the text, and it proposes the problems existing in new "Means". The problem of the rule itself is that it is still not suitable for the State Council to be as the legislation main body. As a result, new "Means" possibly will face the following problems: First, the court trail fund will possibly be more serious after the new "Means" carried out. Next, the number of cases can increase rapidly, which can lead to the increase of multi cases few persons' contradictions. Last, the low charge system of labor dispute case and the free charge system of rejecting the prosecution /appealing possibly cause case overflow.The fourth part elaborates how to perfect the new "Means" measurement. As for the rule itself, the main body of legislation should be the Committee of the National People's Congress. Poor people should be afforded help from the judicial aid easily. To solve the problems which new "Means" will face after its implement, the realistic plan is to carry out the revenue and expenditure formally, enlarge central and local financial shift payment power, cancel the legal cost regulative proportion and pay off the court debt thoroughly. The ideal pattern is to reform the system of the court finance organization. It is the State Finance that should arrange finance to realize the dependence of the court finance.