On China's Individual Litigation Insurance System

The sense of fairness and justice is the requirement of today’s society,and also the justice requirement of every citizen in judicial cases.With the development of society,the protection of human rights has been referred to a new height.In reality,the masses maintain their rights and interests through litigation,but there are many difficulties.The main reason is that the parties have to pay a certain amount of litigation costs.For those who cannot help themselves get state funds,people can not afford the cost of litigation,because beyond their affordability and can not afford to fight a lawsuit,there cannot afford the litigation costs and lead to problems of protection of rights can not be.More than 100 years ago,the European countries began to implement the litigation insurance system,is to achieve more people can fight the lawsuit of a just way.The litigation insurance system started to help by the government,charitable organizations,social organizations support,after the development of the commercial operation,the cost of litigation burden to the state and community,is the embodiment of social mutual aid,for low-income people’s legal relief provides a new way.By analyzing the actual operation of individual litigation insurance in Karamay,this paper tries to explore the establishment and perfection of China’s litigation insurance system.The first part is the introduction,mainly introduces the reasons for the topic and the purpose of setting up individual litigation insurance in Karamay.Karamay appeals for a large amount of pressure.Due to the specific historical legacy,some difficult problems,to solve the problem by petition;another reason is that Karamay is the oil industry city,people’s interests and the need for a better life and Karamay transition caused by unbalance contradiction between the inadequate development of the.In addition,people have a weak sense of law,and some people are more willing to petition and make an interview,rather than willing to litigation and unwilling to believe the court’s judgment.On the other hand,the cost of litigation is high.The general counsel fee of 2000 yuan,is not capped;in some cases will occur in judicial identification and execution cost,as the standard depending on ordinary people through the legal expenses insurance system design,so that people not in dispute proceedings go menace from the rear channels,and can better protect the legitimate rights and interests of the people to.The second part of the litigation insurance at home and abroad insurance litigation status.This paper mainly introduces the definition of litigation insurance at home and abroad,and compares litigation insurance with legal aid.The insurance litigation originated in France,the German insurance litigation Bifaying though started late,but development is most common,is also the largest scale.Litigation insurance system,which was approved by many countries and societies,was cited as a system measure to solve the litigation costs of the middle and low-income groups.Secondly,this paper introduces the current situation of litigation insurance in china.By comparing the litigation insurance system of Germany,France,Britain,the United States and Japan,five countries,learn from good practices,abandon the operating procedures that are not suitable for us,and find out the development path of China’s litigation insurance.The third part introduces the construction and implementation of the litigationinsurance system in Karamay.Karamay is located in the northern end of Xinjiang,is a small city of only about 200000 people,but the income of economic development ranks in the forefront of the country.This leads to the foresight of Karamay’s leaders,and finds out thatlitigation insurance is a good system through foreign investigations.Thus,from May 2013 to September 2014,the Karamay municipal government approached and communicated with a number of insurance companies.In November 2014,Ping An insurance Xinjiang branch organization of R&D team,specializing in the development of the product design process of claims,and Wuhan University School of law,Xinjiang Normal University law school,Xinjiang Academy of Social Sciences research.From January 2015 to March,Karamay and Pingan property insurance Xinjiang Branch issued the "Karamay individual litigation insurance system implementation plan".Six months later,a formal cooperation agreement was signed.Karamay will use 3 to 6 years,in the city to establish a complete system,high efficiency and wide coverage,with local characteristics of the personal insurance litigation system for economic reasons,people can not afford a lawsuit to solve the basic problems of the formation of a strong sense of rights according to law and personal insurance litigation competing to buy social atmosphere among the masses,and guide the masses to resolve the demands through legal channels,effectively resolve various contradictions and disputes,to fundamentally reverse the "mindset and the bad situation of petition does not believe law".In the fourth part,we should pay attention to the construction of personal litigation insurance in the process of popularizing and extending the litigation insurance in Karamay.(1)actively supervise Ping An insurance company to improve product design and expand the number of personal insurance.(two)simplify the process and improve the efficiency of claim settlement.(three)standardize communication and consultation mechanism.Communicate with insurance companies through many ways,such as making phone calls,sending information,WeChat,seminars,etc..Most of the social benefits of communication are often guaranteed to ensure that the government purchases insurance for special groups.(four)to establish the evaluation mechanism of individual litigation insurance effect.(five)further strengthening publicity and recommendation work.(six)the off-site litigation is included in the litigation insurance project...