Legal And Economic Analysis Of Civil Litigation Insurance System

China's trial is a system of second instance and final judgment,which is intended to fully protect the litigant's right of action and the right to obtain a fair judgment,but there are real barriers in the actual process leading to justice.The barrier here refers to not only the time and energy consumed by the litigant for a long time,but also the costs of litigation,lawyer's fees,travel expenses and so on.Especially in the absence of relevant legal aid provisions in the civil field,litigation cost is a key factor that can determine whether the parties decide to continue the litigation,which is contrary to the concept of fairness and justice advocated by China.The high litigation cost is not only a unique phenomenon in our country,but also in many western developed countries.As a result,the litigation insurance system comes into being,which aims to reduce the litigation cost through the reasonable allocation of social resources.In view of this,in order to protect the litigation rights and interests of our citizens,we can draw lessons from the litigation insurance system.This paper intends to analyze the litigation insurance system from the perspective of law and economics.Law and economics is a new interdisciplinary subject of law and economics.It aims to analyze the legal issues with the method of economics and provide new ideas for the study of traditional law.The article is divided into three parts.The first part mainly introduces the theoretical basis of the litigation insurance system,including the elaboration of its concept and characteristics,and then analyzes its background and value basis,and compares the system with other domestic current systems;the second part analyzes the feasibility and necessity of the litigation insurance system and its legal and practical from the perspective of law and Economics;The third part is to put forward a general idea for the establishment of the litigation insurance system in China.