Study Of The System Of Expence In Civil Litigation

The system of expenses in civil litigation is an important link of the procedures of civil litigation, which is vital to the realization of the litigious right and the function of the litigious procedures. The scientific and reasonable system of expenses in civil litigation has an important function of propelling the development of litigious concepts and promoting the judicial justice and honesty. The expenses in civil litigation consist of costs of hearing and costs of litigation, with the characteristics of the fees stipulated by the state, compensation and punishment. From the observation of the legislation in foreign countries, it is found that the rules of expenses in litigation in these countries vary greatly. However, the system of expenses in civil litigation is intended to maintain the rights and interests of citizens and the supporting system lays a foundation for the development of the system of expenses in civil litigation. The measures for paying the expenses in litigation were promulgated in our country in 2007. The system of expenses in civil litigation was revised to a certain extent in the Judicial Interpretations on the Civil Procedural law of 2015. However, there are still a series of problems existing in the system, such as the unreasonable system of pre-payment, the unclear system of explaining risks, and the defective standards of charge, etc. Therefore, it is necessary to reform and improve the system of expenses in civil litigation in our country. To be specific, the right style and mode of legislation should be chosen; the channel for returning the pre-paid costs for accepting a case should be established and the rules for bearing the burden of litigious costs should be improved; the system of insurance against litigation should be set up for the supporting systems; the system of judicial salvage should be improved and the system of managing litigious costs should be reformed. Thus, the system of expenses in civil litigation will further conform to the actual conditions of our country so as to guide the development of judicial practice.