Study Of Civil Litigation Costs In China

The litigation has become an important means to resolve social contradictions of modern society, stable social relations. Litigation process itself does not increase the wealth of society, on the contrary will consume a vast amount of resources to become a heavy burden of human society. The cost of litigation is a concept, in the context of law and economics from the sixties of this century. If the entire course of the proceedings as a production process, must also be some cost of inputs to achieve optimization of the results. With the development of the socialist market economy, a lot of social relations requires the use of legal means to regulate the essential requirements of the market economy is to put forward the economic background of the concept of litigation costs. In a market economy, human engaged in social activities will follow certain economic principles, seeks to gain maximum benefits with minimum consumption, in order to achieve the ideal resource allocation. Various means of resolving disputes in modern human society, the most expensive cost of litigation, litigation as a selection method that people deal with conflicts and disputes in a market economy environment, more and more influenced by economic factors and constraints. In the three proceedings, the civil action civil rights and obligations of the parties to the dispute as the subject matter of litigation, by contrast, economic significance is more prominent, therefore, discussed in this article mainly refers to the cost of civil litigation. From the basic principles of civil litigation costs, including the concept of civil litigation costs, classification and composition, and the influencing factors and legal significance of the civil litigation costs, respectively, are described. Law and economics analysis method analysis of law and economics analysis of the possibility of civil litigation costs, and in accordance with the law and economics analysis of theoretical tools to analyze the action and the act of civil litigants, followed by an analysis of a civil action to run the status quo, mainly showing the characteristics of China’s litigation costs, analysts pointed out that the problems of the operating mechanism of civil litigation costs:civil litigation costs the unreasonable and litigation effectiveness. Finally, the reasons contributing to the high cost of civil litigation, combined with China’s actual situation, the specific proposed to reduce the cost of civil litigation Suggestions:the implementation of the court proceedings charging system specification attorney fees, strengthen the case to term management, insurance business to carry out legal proceedings, legally pass on the cost of litigation, built convenience litigation green channel, control civil litigants litigation costs of these measures. Cost-effective control of Civil Procedure is conducive to saving social costs, protect the physical realization of the rights of the litigants, regulate people’s behavior, is conducive to the establishment of a good social order.