Research On Legal Costs In Civil Litigation

The cost of litigation system is indispensable in the Civil Procedure Law of modern countries. The cost of litigation is closely related to the interests to participate in the proceedings. To a certain extent the rationality reflect the degree of the people of a country to enjoy legal protection. Reasonable costs of litigation can play a positive incentive effect on litigation behavior, so that the function of the proceedings mechanism into full play. On the contrary, if the system is not reasonable, it will block the functions.From the angle of litigation costs, combined with "Ways to pay litigation costs" in China with that in other developed countries, this article comments our current lawsuit charging system, and analyzes the breakthrough of the new way, and its own shortcomings and prominent problems. Based on this, it puts forward the idea of preliminary reform. This article contains three parts:The first part introduces the form of litigation costs in developed countries and China, and carries on the comparative analysis. And then this part discusses the nature of litigation costs and the necessity of the reform about litigation costs.The second part is mainly about the present situation of the charge of litigation costs in China, especially about the collection of the fees for accepting the case, and analysis on "Ways to pay litigation costs".The third part mainly analyzes new problems caused by the new measures, the unreasonable existence, and the reconstruction of litigation costs system.