The Study On Determination Concerning The Value Of Object Of Civil Action

Under the reality of judicial picture, the relationship between the limited judicial resources and the explosive growth of lawsuits has become tighter. In order to reduce the excessive lawsuits and prevent abuse of litigation by people,the current judicial policy sets the threshold with legal costs.In the long run,the payment of litigation costs will continue to exist for a period of time,and the threshold will be higher.Theory of judicial free of charge takes the viewpoint that public right relief is the national obligation as the theoretical starting,it is difficult to be recognized in the judicial practice.But it can't be denied, how to set the cost of litigation(including the way to collect fees and the valuation standard)is the meaning of the title of other grand theories such as access to justice.And it is the practice of civil justice must considers seriously, small but complete.If the admissibility of the burden is heavy, the parties will face the obstacles to prosecution.It will damage the party's right of appeal.It should be a priority to find the way to reduce the burden of accepting fees and establish the reasonable litigation value checking system.How to approve the value of the object of action will affect the applicable proceeding on civil litigation.Even in a certain extent, it will decide the judicial power how to act.The first part of this article briefly introduces the concept and scope of litigation costs, especially focuses on the basis of accepting fee collection.Taxation amount of court cost involves its attribute in matters arising from proprietary or non-proprietary rights.So this article introduces distinguishing criteria for legislation in Germany,Japan,Taiwan of China,and the theory and practice of our nation comparative analysis.In the second part, this article reviews the evolution of litigation expenses in China to find the origin of the procedure to approve the value of a claim.Secondly,this article analyses and comments on the provisions of China's current litigation cost system,and points out the legal basis of the procedure to approve the value of the object of action.In the third part,this article takes the concept of the value of object of civil litigation as the starting point,and explains the theory reference,benefits of determination,determination organs,determination principle in order.At last,in the major four part of this paper,the detailed constitution of the procedure to approve the value of the object of action is presented,which introduces the methods and standards under various conditions about determination the value.It starts from a single action with the method of price verification,then gradually extend to explain the determination in some combinations,particularly in the subject of a number of “same economic purpose” or “are asserted alternatively”and “incidental claims”as a key explanation of the concept.On the development of China's civil litigation cost system,because there is a lack of theory about determination the value of a claim,it may always go into a dilemma when dealing with more complicated problems of collection of litigation costs in the judicial practice.It has to depend on the basic law and judge experience to judge the case.Our theory has always ignored the determination the value of a claim.This article tries to construct a continue and predictable structure of litigation expenses system to provide some beneficial intellectual support for the development of judicial practice and the theory of litigation cost.