A Study On The Cost-sharing System Of Civil Litigation

Given to organize may occur the phenomenon of law of the jungle,the human way of resolving dispute gradually shift from the self-help to public aid force.To solve any dispute inevitably consumes a certain cost,in the moment under the background of the rising cost of lawsuit,to maximize the use of limited judicial resources,and let the litigation costs in the country and between the parties,and between the parties and social reasonable pass on,has become an unavoidable research topic.The focal point of the system of civil litigation costs and reasonable share is between different subjects is how to share the cost problems in civil procedure.Then,the present situation of our civil litigation cost is given priority to with the burden,affected the exercise of the litigation,the parties goes against the construction of modern country under the rule of law concept.According to the whole and the part of the theory,the total amount of cases,rearrange the combination between system internal elements may present a "1 + 1 > 2" results.Japanese scholars,this paper "costs" of male model,tried to break through the past is only legal costs of special research,from the more general analysis of civil litigation cost,lawsuit cost sharing of our country twice on systematic research in the process,at the same time with the game theory perspective brought to the analysis of the influencing factors of cost sharing,concrete present situation of financial security,considering the current court reference outside different rules,the design from the perspective of costs and benefits and risk avoidance of litigation cost sharing the best solutions.Besides preface and epilogue,this article is divided into five chapters to discuss:First chapter structure analysis was carried out on the civil litigation cost theory,analyzes the concept of litigation cost and the litigation costs and similar concepts,makes a theoretical classification of litigation costs at the same time,so that the accurate understanding of the litigation costs.The second chapter of the history of the civil litigation cost sharing in our country and the future prospects.First introduced the our country litigation cost system vicissitude,generally has experienced three stages: there is no charge for basic phase,adjustment stage,unified stage for fee collection.Then the cost sharing of civil action to achieve were discussed.Third chapter civil litigation cost sharing system reform of the basic concept and modeling,first of all,this paper expounds the necessity of litigation cost sharing system reform,the second have to adhere to the basic idea of reform,and then discusses the four functions of litigation cost sharing system,finally from the overall comparison of three kinds of path of litigation cost sharing,it is concluded that optimal allocation model.The fourth chapter specific analysis of the civil litigation cost sharing system.From costs twice,first introduce on the main countries and between the parties for litigation public Shared cost transverse,a second pass on both introduce longitudinal share private costs between the parties,and the lawyer won take payment of litigation costs to society system,the legal aid system and litigation insurance turned away.The fifth chapter reflection of the problems existing in our country civil litigation cost sharing.There are fees and litigation cost allocation is not reasonable,legal costs of management and supervision system is not sound,inadequate protection of the court system,parties to prepay and refund of costs and lawyer charges did not include the problems of the parties to share the problem such as the litigation cost,and then puts forward the corresponding feasibility Suggestions on specific issues.