Study On System Of Aid To Civil Litigation Fee

China's Measures for the Payment of Court Fees has been implemented since 2007,followed by both brightness and dusk. The brightness lies in the legislation of the court fees satisfied the thirst of society with great economic growth. The legislation of court fees is obviously necessary and in the meantime manifested the attention put by the legislative institution. The dusk lies in that there are still a lot of misconduct remaining unresolved during cost fees collection. Under the circumstances in which few remedies been offered and the number of social petitions mounting, measures shall be taken to improve and perfect the existing legislation.This article consists of three parts, namely, introduction, main body, and conclusion part.The main body contains five parts.The first part gives a brief introduction of the present situation of fees in Civil Procedural Lawsuit in China. In this part, the fees' basic content, pattern and burden of payment are mentioned. Also, the legal nature of fees in Civil Procedural Lawsuit has been attached great importance to. As the existence of several different view on the legal nature of fees in Civil Procedural Lawsuit, I list and conclude the main views and among which I am in favor of the view that regarding fees in Civil Procedural Lawsuit as administrative charge. As this view goes in line with the current situation of court regulation, in which prevails hyper-official principle.In the second part, relative legislations have been compared in other countries (regions) and other parts of China, and describe the procedure in Chinese Taiwan to ascertain the specific amount of lawsuit fees in great detail. Besides, those countries (regions) that may take action with and only with the subject matter of lawsuit fees such as France and Russia has been discussed. For those countries (regions) such as Japan and Germany, however, the above mentioned case will never bring to court. Whereas in common law system, countries like UK, with its lawsuit fees evaluation procedure,it is litigable on the subject of court fees while in the United States, it is not litigable.In the third part, the defect of our country's court fees of Civil Procedural Lawsuit both in legislation and in practice has been revealed. As court fees are so closely related to the interest of litigants, present problem of court fees deserves prime attention. Through the study of related legislation and other materials, in addition to the information collected from those who work as lawyer, we find that the phenomena of arbitrary charge of court fees is quite serious with no effective remedies. However, as it is not litigable in China to take action on the subject of lawsuit fees independently, with the law explicitly stipulated. When arbitrary charges occurs, the litigant can only turn to the chief judge of the court and apply for a review. A review, to some extent, belonging to internal supervision, makes both the review and the legislation a show.In the fourth part, I come up with the idea that the court fees can be the subject of a case determined by its legal nature. In the meantime, under the guidance of the basic principles of the Civil Procedural Law, I give priority to the study of procedure in Chinese Taiwan to ascertain the specific amount of lawsuit fees and the court fees evaluation system in UK. And I am trying to design a procedure to ascertain the court fees complying with the development of Civil Procedural Law of China and set legal ground for lawsuit with the subject of court fees.The fifth part brings up a detailed analysis of remedies to case of court fees has been put forward on the basis of a settled procedure to ascertain the court fees. And also brings up the idea that both the remedies before the lawsuit and after the lawsuit shall be of equivalent importance as the cost is less before the lawsuit than it after the lawsuit, echoing with the economic theory. Hence, the insurance system and assistance system of court fees has been discussed roughly. Meanwhile, the lawyer fee system to some degree, may affect court fees. In the end.