Studies On Civil Litigation Costs Of Collection System

Civil litigation cost system is an important part of the judicial system for the country, involving the country’s judicial input, the court’s fair and honest in terms of the parties, which restricts the degree of realization of the rights of parties to litigation. Generalized cost of litigation is paid by the parties to litigation costs, narrow the cost of litigation, civil litigation the parties to the court to pay the legal costs necessary for the conduct of the litigation, the difference between the two is whether the statutory.On the nature of the case acceptance fee dispute, the main tax that sanctions national fees, and program user fees that, I believe that using the program user fees that the more the principle of our case acceptance fee system. The said values to the program emphasized the Perspective of the procedural significance of civil litigation costs, the case is prosecuted to the people’s court, the court require the parties to the review to pay the case acceptance fee, that the Court has accepted the case. According to the relevant judicial interpretations, case acceptance fee if not paid within the prescribed period, withdrawal of treatment. In other words, to pay the case acceptance fee that the beginning of the trial proceedings do not pay the case acceptance fee will not make the case go to trial. Other litigation costs and party costs, compensatory characteristics. Second place, the fundamental rights of protection of the clients program is a collection of the cost of litigation. Parties to the affordability of the cost of litigation with the parties procedures fundamental rights in conflict, it should be procedures to protect the person’s basic rights, the primary objective. In addition, the plaintiff, the Court to advance the cost of litigation and successful non-refundable case acceptance fee prepaid by the plaintiff stated practice to require the losing party to pay the case acceptance fee to the plaintiff, but in the judgment by the court commitment may not be able to pass on to the losing party to receive the risk of the case acceptance fee of the plaintiff in the formation of a new debtor-creditor relationship between the plaintiff and the losing party.Establishing the cost of litigation systems in the sessions of the1982Civil Procedure Law (for trial implementation)"established a civil action fee system. During a series of reform and improve the current litigation costs levied in accordance with the system adopted by the State Council in December2006and announced the "cost of litigation to pay the way. After nearly five years of implementation of the practice of "pay way" defective exposed. Civil Litigation Expenses collection system needs to be improved. First, change the legislative body, by the relevant law of the NPC and its standing committee system the cost of litigation, litigation costs system authoritative; Second, the relevant provisions of the current "pay to" improve the labor dispute cases can follow the example of the difference between cost system in Germany; Three reform litigation costs to pay. advance litigation costs charged by banks on behalf of the court to freeze the money before the end of the litigation, until the proceedings are terminated and then classified according to the court decision to the court account or refunded to the plaintiff, the Appeals party:Fourth. improve the judicial assistance system, to expand relief scope; Finally, the establishment of a litigation insurance system in line with China’s actual situation, the cost of litigation and self-help for the middle class, reduce the pressure brought about by the cost of litigation.