The Study Of Chinese System Of Civil Litigation Expenses

System cost of litigation is not in the core of the Civil procedure Law, or in the field of key importance, so our long-standing basic theoretical research on the cost of litigation law system is relatively ignored rules on litigation costs constitute more dispersed complex status can proof it. The cost of litigation is often perceived as the exercise of the right to appeal and the parties, the credibility of the justice system and the overall legitimacy of the court and other basic principles or values related to the cost of the system is reasonable and civil litigation, it must determine the extent of a country’s citizens on energy No exercise of fundamental rights. Thus in recent years, the Civil Procedure Law of Civil Procedure scholars gradually cost of this system to be relatively marginal importance, and gained a lot through the accumulation of research results, for our civil justice system and the judicial practice in terms of all of great significance. This article continues the idea of a number of existing studies, hoping to stand on the shoulders of our predecessors, the basic theory of civil litigation and legislation of the countries outside of inquiry on the basis of our system of civil litigation costs put forward some new ideas.About constitute legal costs, countries have different legislation, but its mostly affected by the litigation and litigation cost burden mode theory, along with changing patterns of civil litigation, civil litigation expenses shall constitute the country to make the appropriate adjustments. The nature of a country’s legal fees and costs of litigation system is closely linked to the author in the text of the academic controversy by analysis on the cost of the civil complaint, the state fees are case acceptance fee has properties, which make our action the cost is not too high receivables, in addition to considering the issue of compensatory, actual expenditures will face litigation adapt. China since 1982, "the Civil Procedure Law(Trial)" began to establish a system of civil litigation costs, "the cost of litigation to pay approach" since the implementation of gradually showing some unreasonable, for our civil litigation costs, the need to further improve its own The collection system. The first party must be included in the cost of litigation costs to adapt to changing patterns of litigation. Charges for litigation costs, I think the German legislation of reference can combine diverse procedural mechanisms to distinguish between the trial stage and the trial stage, given the special nature of the subject of litigation, as well as the complexity of the different types of cases and hearing difficulty, charge for litigation costs develop more specific and detailed standards litigation costs. For the burden of litigation costs, the burden of losing in the implementation, based on increased exceptions to the prevailing party abuse of the right to suppress the behavior in the civil action, which is in line with its principle of good faith. In addition, when the cost of litigation resulting burden on the parties, the parties shall have the right to dissent, to further improve the burden of the cost of litigation system. Only hope to develop perfect system to protect the legal costs of the exercise of citizens the right to appeal is not realistic, and therefore should improve the justice system and the system of supervision and management of litigation costs, according to China’s national conditions, the litigation insurance system was introduced to China, reducing the middle Faced with the pressure of class litigation costs, so that they can do self-help.