Study On Criminal Litigation Insurance

Protection of litigation rights has been the core problem in the development of criminal suit, and how those rights are protected, to a large extent, reflects how criminal litigation develops. Therefore, related studies have been ceaseless and won great achievement. However, those studies are mainly system design-oriented, with more attention paid to the transition from idealistic rights to legal rights rather than that from legal rights to actual rights. Consequently, to protect litigation rights from the perspective of economy is of great importance in order to realize the transition from legal rights to actual rights.Therefore, the paper tries to find out a new way to protect litigation rights from the perspective of economy, that is, legal expense insurance. Legal expense insurance originates from the area of criminal suit, extends to the whole suit field and finally gains a rapid development in the civil suit. Having developed for more than one hundred years, it boasts various sound models. Meanwhile, with increasing crime rate, and diversified methods, the public finds find it more difficult to get litigation rights. Since legal aid system has trouble in protecting those rights, more efforts have been paid by scholars to find new solutions and criminal litigation insurance is an important one of them. The paper is to discuss the necessity and feasibility of building criminal litigation insurance system to protect t those rights through a thorough analysis of the basic principles of legal expense insurance and the specific characteristics of criminal procedure, in hope of providing a new way to protect litigation rights.Firstly, the paper defines criminal litigation insurance through an overall analysis of its contents, its history and current studies on it both domestic and abroad. Then, the paper analyzes the feasibility and necessity of using legal expense insurance to protect criminal litigation rights, and puts forward the idea of criminal litigation insurance as assistance to criminal law based on social security theories including social relief, social insurance and social welfare. Besides, model analysis and dichotomy method in differentiating commercial insurance and governmental insurance are used to make a distinction among the basic models of social insurance, commercial insurance, and governmental insurance. In the end, the paper further discusses the method of criminal litigation insurance in terms of its subject, coverage and fund management.