On Issues Of The Attorney Fee Undentaken By The Losing Party In Civil Litigation

When the People’s of Republic of China founded, the lawyer system was gradually established and completed, In1956, the State Council approved the Ministry of Justice that 《About the request report for the establishment of our layer work》 that Indicates China has formally adopted legislation establishing the lawyer system. Attorney fee system of the period since the found of PRC, mainly in the areas of the solicitor’s fees, project management measures, fees, and the violation charge penalties for regulating the behavior of law firms and lawyers fees, the main burden of attorneys’ fees and noninvolved. In reality, the common view is that the lawyer who pays, which appeared in the inequities of the parties "to win a case lost money. Therefore, this year in theory and judicial practice for civil litigation attorney fees to be borne by whom the existence and controversial, even shared by different sub-situation. Accordingly, the following four aspects to demonstrate this article about attorney’s fees shall be borne by the losing partyThe first part:the overview of civil litigation fees shall be borne by the losing party. The civil litigation lawyer agency fee shall be borne by the losing party which refers to the people’s court in the civil case decision; at the same time the judgment shall be borne by the losing party winning party to seek judicial relief and expenditure in accordance with the provisions of the attorney fee. One scholar called the attorney fee of transferring payment system. It has five main characteristics, paying for sex, risking sex, on the losing side to win punitive compensatory, burden, rational and pluralistic complexityThe second part:the Current situation of civil litigation fees shall be borne by the losing party. In Chinese judicial practice, there are three cases about the civil litigation fees which shall be borne by the losing party. First, one contract dispute where the lawyer agency agreement; Second, it is the parties in the contract which does not on the lawyer agency fee agreement, but in the course of legal proceedings, the non-breaching party sometimes agency fees as a loss to the breaching party favors; Third, in the litigation process, the victim will lawyer agency fee as a loss, in the lawsuit to the court. In the foreign judicial practice, it is also a civil litigation attorney fee which shall be borne by the losing party case, especially in German, France, Britain, the United States and Japan.The third part:the rational analysis of the civil litigation fees shall be borne by the losing party. The mainly choice of lawyers for these agents add item to cause and the establishment of civil litigation fees shall be borne by the losing party legitimacy of the rational analysis. The main reasons of lawyers’choice in litigation are:the legal system is unceasingly perfect, the legal knowledge is poor, economic factors, social division of labor is the inevitable choice and the lawyer paid services. The civil litigation attorney fees shall be borne by the losing party system reasonable and legitimate.The forth part:the conception of system on civil litigation fees shall be borne by the losing party. The civil litigation lawyer agency fee shall be borne by the losing party which is conducive to safeguarding the legitimate rights and interests of litigants, disciplinary civil violations; the party prevents malicious litigation carefully and helps to promote the trial way which reforms to improve trial efficiency and quality. It is conducive to the realization of fairness and justice, and also promotes the healthy and orderly development of the market economy; it is very beneficial to promote the healthy development of the total lawyer system. The law of our country unified regulations in civil litigation attorney fee also shall be borne by the losing party which operates it technically. It also has a mature international experience for reference, and complete feasible.