Study On Civil Litigation Cost Burden System In China

With the emergence,development,and progress of human society,various disputes and disputes are in the shadow of each other.In order to avoid self-regression and destruction,the means and methods of mankind's efforts to resolve disputes and disputes are also evolving and changing.From the beginning,self-reliance measures are gradually adopted.It mainly seeks a change in the state's public remedy.In the modern era,the state began to intervene between contradictions by formulating procedures and rules,and the public relief approach represented by litigation procedures gradually embarked on the center of the historical stage.However,the operation of the judicial machinery needs to pay various economic costs—that is,litigation costs.The litigation fee system is an indispensable part of the litigation system and a prerequisite for the normal operation of the state's judicial machinery.The scientific litigation expense acceptance system is also litigation.A vital link in the fee system.As Taniguchi Anping once said,“Although it is as simple as handling fees,it is related to the fundamentals of the litigation fee system.”The system of civil litigation costs is the key link in the litigation costs.It determines the rules of civil litigation costs between the state and the parties and between the two parties.Whether or not its institutional arrangement determines the overall function of litigation costs system is scientific and rational.The exertion also ultimately affects the normal operation of civil litigation procedures.In our country's judicial practice,the legal provisions of the system of civil litigation costs are still vague and rough,and a sound system has not yet been fully established.To a certain extent,it hindered the function of civil litigation system.The litigants have not been able to make rational behavior choices based on the existing systems and regulations,resulting in a large amount of waste of judicial resources and adversely affecting the judicial credibility of the judicial organs.China's current litigation cost-bearing system has only a single principle of "lost party to bear litigation costs" and there is no other supporting system design.In actual operation,the scope of civil litigation costs is too single,resulting in litigation costs that can be passed by right holders.Limited,it can't really lighten the heavy litigation costs of rightholders.At the same time,as a means of sanction against offenders,it is obvious that the punishment for the losing party is too light to achieve this regulatory purpose.After the Ministry of Finance promulgated the Measures for the Administration of Litigation Costs of People's Courts in 1999,the State Council promulgated and implemented the Procedures for the Payment of Litigation Fees in 2006.This is the only legal and regulatory system for civil litigation costs in China.As a sound legal country,the legislative power can only be exercised by the legislature,and the law should be constantly updated as the times change.Obviously,China's relevant system for civil litigation costs can no longer meet the changing needs of the times.It urgently requires the legislature to issue new special laws on civil litigation costs,and to make new institutional designs for civil litigation costs and related fields.This paper proceeds from the values of fairness and efficiency,and prioritizes the protection of litigation rights.It uses comparative research and empirical research as the main research methods.Combining the practice of judicial system reform and judicial practice in China,it is undertaken from the scope of civil litigation costs and civil litigation costs in China.The basic principles and the improvement of the judicial assistance system were analyzed from various angles,and reasonable and constructive opinions were raised on the problems faced in the reform of the civil litigation cost-bearing system,trying to provide a detailed theory on the construction of a new civil litigation cost-bearing system.analysis.