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On The Reform Of The Current System Of Litigation Costs

Posted on:2015-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:H T DongFull Text:PDF
GTID:2296330467454322Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Litigation costs is an important part of civil procedure law, but also an importantmeasure of a country’s level of evaluation factors for the development of the rule oflaw, protection of the rights of the parties and the effective functioning of civillitigation system has a pivotal role. Our system has undergone several reformslitigation costs has formed a relatively standardized litigation expenses institutionalsystem, in protecting the rights of the parties to achieve justice and efficiency of theproceedings has played an important role. In the affirmative litigation costs, whileadvanced system, we should also see that it still has some problems, such as theburden of the rule is not perfect, court costs is not enough refining standards,supporting system is not perfect. Especially the new Civil Procedure Law has beenformally implemented, so that the cost of litigation system in some ways not fullymeet the needs of civil litigation system, the reform will not be a civil action broughtmore problems.This paper is based on the premise of a new round of reform of the judicialsystem and the implementation of the new Civil Procedure Law, Civil Litigation coststhrough typical problems of the system appear in the actual operation of carefulanalysis and propose corresponding solutions to the mechanisms specified operational,but also for litigation expenses related systems studied, so the cost of litigation can be effectively run in a complete legal framework.This paper is divided into introduction, body and conclusion of three parts, ofwhich body part is divided into four chapters:The first chapter is the legal basis of litigation costs system. First analyzes theconcept and nature of the litigation costs system in the, secondly introduces the rulesof the burden of litigation cost system, and finally discusses the litigation cost systemin the position and role of the civil litigation.The second chapter is associated with the litigation cost system of legalprinciples. This chapter is divided into three pairs of relevant legal principles toanalyze the cost of litigation system, first introduced the role of the legal principles inthe legal system, the second is the introduction of the current litigation costs related toour general requirement, the third is the cost of litigation system should be prospectedwith principles.The third chapter is the current cost of litigation system run Comment. Firstintroduced in the current legislative history litigation costs and innovation system,followed by the typical problems of the existing lists appear in court costs to run thesystem from the legislative level and the level of judicial practice and analyze itscauses.The fourth chapter is about reform of the current system of Path of litigationcosts. I first legislative reform and litigation costs for the conceptual level system putforward their views clear pattern and extent of the impact of civil litigation system forlitigation costs, and subsequently proposed solutions for the process of litigationexpenses system problems, and then analyzes how designed to meet the cost oflitigation system conditions, and finally clear should establish and perfect the systemconfiguration measures the cost of litigation.
Keywords/Search Tags:Litigation costs, issue, reform
PDF Full Text Request
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