| In recent years,with the rapid development of market economy,the change of civil litigation mode,the increasing number and complexity of commercial dispute cases,and the improvement of the professional level of legal services,the litigation costs borne by commercial subjects will become higher and higher.Specifically,in China’s bankruptcy derivative litigation cases,with the gradual relaxation of the acceptance conditions for bankruptcy cases in China,the level of bankruptcy administrators will also continue to improve,and the legal awareness of bankrupt creditors will continue to increase.The number of derivative litigation cases has also increased dramatically,and the trial of cases is becoming more and more difficult.Moreover,due to the inconsistent charging standards for bankruptcy derivative litigation in China and the fact that most courts generally apply the charging standards for payment litigation in bankruptcy derivative litigation cases in practice,bankrupt enterprises are unable to pay the litigation costs and the litigation risks are uncertain,which leads to the termination of the litigation costs or the reduction of the final distribution of bankruptcy property.However,when solving the problem of bankruptcy derivative litigation costs,China still uses the traditional civil litigation cost guarantee system,namely,judicial assistance and legal aid.Due to its small scope of application and limited aid funds,it cannot alleviate the payment difficulties of bankruptcy derivative litigation costs.New sources of litigation cost support are urgently needed to make up for the defects of the traditional civil litigation relief system.As an overseas product,the commercial litigation investment system.A type of commercial litigation investment that belongs to litigation financing system is to use social capital to pay the litigation costs of commercial litigation cases.To a certain extent,it can broaden the channels of litigation costs funding,reduce the financial burden of the country,and effectively alleviate the difficulties of commercial subjects in paying litigation costs.Although our country already has the legal basis and the market basis to construct the bankruptcy derivative litigation investment system,our country’s attitude towards the commercial litigation investment policy is unknown and lacks special legal provisions,which makes the commercial litigation investment behavior always at the edge of the law,and the commercial litigation investment behavior inevitably has various legal risks in the process of underground transactions,so it is urgent to regulate it through the " contract law"," tort liability law"," securities law" and other relevant laws. |
