Study On The System Of Civil Litigation Expense Insurance

It is an important embodiment of human rights protection in the judicial field to safeguard the legitimate rights and:interests of citizens.With the development of economy and the law in modern society,the resolution of disputes through litigation will become more and more popular,and judging from the limitations of insufficient legal aids,the existence of litigation costs and litigation risks is still a large burden for many parties.The legal expense insurance system functioning properly in western developed countries and Asian neighbor countries divides the burden of litigation costs in advance through the insurance model,reflecting the insurance of interests of justice and litigation rights of more ordinary citizens.The development of relevant system in this stage in China has the conditions for establishing a civil litigation expense insurance system.In order to protect the people's judicial rights and approach justice,we can try to construct the system.Except for the introduction and conclusion,the essay will be divided into four chapters.The first chapter is about a summary of the civil litigation expense insurance system,the author summarizes the definition and features of the system,analyzes the background and legal foundation of approach justice and comes to a conclusion that China has the conditions or establishing a civil litigation expense insurance system by studying on the current development of related systems in China.The second chapter is an investigation of the litigation expense insurance system,the author analyze different development process and conditions of all countries,the government's support of France,the perfect supplementary of Germany,the adaptation of Japan all provides a reference for the construction of the system in China.The third chapter is about the necessity and feasibility of the civil litigation expense insurance system.The author states the necessity to establish the civil litigation expense insurance system from the aspects of conducing to reduce litigation costs,the legal aid limitations,and reduced loss of damages and protection of claims.The improvement of public awareness and the rapid development of related industries have provided great feasibility for the establishment of the system.The forth chapter is the suggestions on the construction of the civil litigation expense insurance system.The author provides suggestions on the construction of China's civil litigation expense insurance system from aspects of perfecting the law,the specific design for system,the government's support,and synchronization in the arbitration system on the construction of China's civil litigation expense insurance system.