Study On Civil Litigation Cost System

In the modern rule of law, the right to " The right to justice" is a fundamentalconstitutional rights of citizens. To achieve this fundamental right, so that ordinary people canreally enjoy judicial services which is provided by the parties, sound and reasonable litigationexpenses system is a must. Because the cost of litigation related to the ability to pay the fullcost of litigation the parties to start and participate in the proceedings, the ability to achieve itslegally entitled to the right to appeal; also related to the end of the case whether the parties tobear the adverse consequences of losing-the burden of litigation costs. Thus, all people areconcerned about the country’s system of civil litigation costs. From the perspective of allaspects of civil litigation costs, the litigation costs’ constitution, imposed standards litigationcosts, regulatory burden of the cost of civil litigation costs, and litigation expenses from fees,court costs and the justice perspective, these are all related to the interests of the parties.Responding to this, the author of this article, hope to research the system’s basic theory,research and examine the other country’s civil litigation expenses system, analysis thedevelopment of its history, it’s current situation, and it’s existing problems. And then proposethe targeted recommendations.This paper’s main part is divided into four chapters. The first chapter of the paper,discusses the basic theory of civil litigation costs system. Including its burden principleconcept, composition, properties and functions, as well as civil litigation costs regime. Thesecond chapter of the paper, described the litigation expenses system’s current situation, andthen found a number of problems that exist in the cost of litigation system, such as: the rangeof litigation costs is limited, Charges unscientific, the relief of the justice system is notcomprehensive, etc. The third chapter of the paper, investigated the litigation cost system indeveloped countries. From a comparative study of several aspects: the scope of litigation costs,the burden of litigation costs, litigation costs to legal aid, litigation insurance system. Thefourth chapter discussed on the basis of the first three chapters and the basis theory,referenced to civil litigation costs regime in developed countries, based on China’s national conditions, then expounded the correspond proposals. Mainly involves the following aspects:expand the scope of litigation costs, add the party’s reasonable costs and attorneys’ fees to therange of court costs; increase the burden on the losing side of the exceptions; reduce thestandard of the property cases, and charge the litigation costs by the litigation stage; unify themanagement of district court financial of each province; built and improve the support systemof litigation costs, such as improve the administration of justice relief system and built thelitigation insurance system.