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The Study of the Managerial System of Expense in Civil Litigation of China

Author: ZhangYongPing
Tutor: JiGeFei
School: China University of Political Science
Course: Procedural Law
Keywords: Expense in civil litigation The managerial system of expense in civil litigation Solution
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 133
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The managerial system of expense in civil litigation is one of the important rules of the expense in civil litigation. To Perfect the managerial system is very important for declaring the status of neutrality of the people’s court, protecting the agents concerned lawful rights and interests, promoting the development of the socialist market economy, building a harmonious socialist society. The theoretical and practical meaning is also very important. The specific rules of the managerial system of expense in civil litigation is provided in law of civil procedure issued by the supreme people’s court and state council of the People’s republic of China, not provided in proclaimed writing. But the supreme people’s court and the state council’s legislative status is far lower than the National People’s Congress and the standing committee’s status. So the lawmaking is far behind the judicial practice. This problem results in many issues related to the people’s court collecting the costs for judicial proceedings.In this thesis, the writer uses the methods of demonstration analysis, literature study, comparative analysis, history review etc. to study the system. There’s four main parts in this thesis.The first chapter: the basic theory of the expense in civil litigation in China. This chapter explain: (1), the concept and the composition of the expense in civil litigation; (2) the property of the expense in civil litigation; (3) the reason of charging the expense in civil litigation in China.The second chapter: the different stages of the development of managerial system of expense in civil litigation of China. The year before 1989 is the preparation stage; from 1st, January 1996 to the end of September1999, the changing period of the managerial system. From 1st, October to 1999-March,2007 ,the perfection stage of the system; from 1st, April ,2007, the system entered a new stage.The third chapter: the demonstration comparative analysis of the charge system of the civil litigation. From 3 aspects, the thesis analyses the system. (1), since the application of <the payment method of cost of civil litigation>the expense has been reduced a lot. (2),the reduce of the expenses arouse the amount collected by the people’s court less than before .(3),local government financial investment in the local same level people’s court is very few, this also induce the outlay of the people’s court going down.The fourth chapter: the existing problem of the managerial system of expense in civil litigation and the solving method to the system. This part analyses the 2 layers of the system. Firstly, the existing main problem of the managerial system of the expense in civil litigation in China: that is, in practice, there’re still some case that people’s court charge the cost against the charging standard; the rules of the separate of the income and the expenses induce the people’s courts’operation allowance income dropping down; the rules of the separate of the income and the expenses cut off the link between the people’s court and the court costs. In the last part, proposing the solution of the problem: enhancement of the strength of the country’s monitor, strengthening of the disciplinary measure; reduction or cancellation of the ratio of provincial planning; the abolition of the rules of building reserve funds from the‘operation allowance’; the complete severing of the connection of the people’s court and the local finance ,the abolition of the localization of the judicial budget, the realization of the nationalization of the judicial budget.

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