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The Research Of The Litigatiaon Costsharing

Posted on:2014-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:W K LiuFull Text:PDF
GTID:2266330422466593Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
By a general overview of the system which is called cost of uploading the litigantrights, the thesis gives the concept and structure of cost of uploading the litigant rights,meanwhile;analyze factors which impact the cost of uploading the litigantrights.Further explore the cost-sharing mechanism litigation rights values, behaviorwith incentives for activist role in ensuring fair and just ordinary people close toequality of opportunity, and to some extent inhibited the abuse of the right to appeal.Only from the theoretical analysis system is inadequate, it shall on the basis of thetheoretical research will be extended to extra-territorial scope of the study, thecost-sharing mechanism for the litigation rights for comparative law study, so you canhave the system in other countries to master the macro, then come back to examinethe status of litigation rights share, discover the presence of institutional designworries, thus relatively Department inadequate analysis of the existing cost-sharingmechanisms rights litigation defects, citing the resulting poor orientation, The highcost of litigation resulting litigation rights activist approach difficult to be selected,rational parties in the litigation rights of high litigation costs and benefits can beexpected after comparing rational choice often forgo litigation rights. birth does notregulate rights issue, leads to litigation must be reasonable contribution towards thecost of rights. By researching extra-regional countries’ systems, proposing andperfecting the principle that infringer holding responsible for the cost of uploading thelitigant rights, splitting cost of uploading rights for our own country is established.Meanwhile, it will be of great significance for further research and analysis aboutsplitting the cost of uploading the litigant rights, making compatible system ofsplitting cost of uploading rights for our own country and upholding rights without theworries behind.
Keywords/Search Tags:litigation rights, litigation costs, cost of uploading the litigant rights, sharing mechanism
PDF Full Text Request
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