Study On The Management System Of Litigation Costs

The management system of litigation costs is designed for regulating the receipts and expenses of litigation cost, and it has a close connection with the principle of statutory charge and separate collection of the legal costs, the supervision system of litigation costs management and funds safeguard policy. At the same time, the management system of litigation costs is functioning well or not related to litigation costs ’collection, refund and use and other aspects. In other words, The management system of litigation costs runs throughout the running of the various systems of legal system, and plays an important role in achieve the overall function of litigation cost system, is about the extent of public "access to justice". Thus, the lawmakers expect the management system of litigation costs to become a way that realizing the standardization of the litigation cost charge to ensure judicial integrity, controlling the legal cost expenses strictly to ensure the use efficiency of litigation costs, and guaranteeing the return timely of the cost of litigation to achieve justice for people and safeguard judicial authority.However, by selecting some representative middle-level and basic-level people’s courts in the central region of China and doing an empirical research, the author found that there is a big distance between the ideality and reality of litigation costs management system, the litigation expense management system does not work well in judicial practice, even showing a state of alienation.Specifically speaking, there is an imbalance in payment of legal cost in practice; the imprest system has been neglected;The monitoring system has been useless, even the courts appear a chaotic situation in the management of legal cost system. And the alienation of litigation expense management directly bring about some problems in practice, such as the people’s court arbitrary charges, the parties refund difficult, and the court expenditures improper use, the heavy loss of litigation costs. These problems not only led to devaluation of civil mediation and other specific system, and affecting the realizing ofjudicial value: fairness, efficiency, and authority and so on, but also hindered the process of judicial reform in China.Through a detailed analysis of the real embarrassment of the litigation cost management, we can explore that the roots of those problems are: legislative body overstepping their authorities, the fund protection are uneven, regulatory mechanism are fatigued and weak, and the value orientation are biased. In this regard, in order to perfect the management system of litigation expenses, and ensures its working well,the author offered some proposals, such as the return of legislative body, the strengthen of fund guarantee, the improvement of regulatory mechanisms, the correction of values, thus the author hope those thoughts would be useful for the construction of a fair, powerful and efficient socialist judicial system in our country.