Study On Litigation Cost Of Public Interest Litigation

Since the Civil Procedure Law first stipulated civil public interest litigation in2012,administrative public interest litigation was also promulgated and implemented in the Administrative Procedure Law in 2017.The public interest litigation shows that China attaches great importance to the protection of the public interest,and it also shows that the current damage to the public interest events can not be ignored.Subject of litigation have to face the costs.In judicial practice,many regions of our country have not yet built a reasonable public interest litigation cost protection mechanism.There are problems in different regions in the handling of public interest litigation cases.The identification standard of case acceptance fee is not uniform.The identification standard of reasonable expenses is vague.In order to clarify the public interest litigation costs existing problems and find effective solutions,the author drafted this article.In addition to the introduction,this article is divided into four chapters.The first chapter is an overview of the litigation costs of public interest litigation.This chapter elaborates the concept of public interest litigation and public interest litigation costs,differences between public interest litigation costs and ordinary civil litigation costs,the principles of collecting public interest litigation costs,particularity of public interest litigation.Lays a theoretical foundation for the rest of the paper.The second chapter is about the collection of expenses of public interest litigation outside the territory.This chapter analyzes the subject of public interest litigation in the United States,the United Kingdom and Germany,including the payment method of litigation fees,the problems faced by the collection of public interest litigation fees and countermeasures,etc.Provide a reference for China in improving the collection of public interest litigation fees.The third chapter is the current situation of collection of litigation costs of public interest litigation in China.This chapter explains that Chinese public interest litigation cases are increasing through the concrete figures.The judgment results of specific cases are listed in the form of tables,explaining the differences in the nature of litigation costs in the determination of public interest litigation in different regions of China,then lead to the huge difference in the acceptance costs of the identified cases.At the same time,the reasonable cost identification standard of litigation is vague.Many places have not set up a reasonable public interest litigation cost protection mechanism.This chapter gives specific suggestions to the problems raised in Chapter 3.It is suggested to clarify the standard for calculating and charging the litigation cost of public interest litigation and the reasonable litigation cost standard.It is suggested to charge the litigation cost of public interest litigation on a case-by-case basis,to improve the mitigation and reduction,legal aid system,to advocate multi-burden,multi-channel fund raising support and other ways.