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On Civil cost system

Author: QinWenLing
Tutor: XuHongXia
School: Henan University
Course: Procedural Law
Keywords: Litigation costs Burden on beneficiaries Losing the burden Perfect
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 101
Quote: 0
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Abstract

In China, court fees in civil cases is the modern system introduced from the West. Generally speaking, in the category of civil law theory, the system is not about the cost of litigation centers or system of key importance, but with the deepening judicial reform tentacles, this system has also been more and more attention. Civil cost system is directly related to the degree of citizen access to justice, the parties directly restricts the degree of realization of the right to appeal, which restricts the types of proceedings in fulfilling its functions and operation mechanism, affecting people's concept of litigation, affecting the impartiality of justice and honesty. Our system of civil litigation costs in the implementation process, there are many problems, which both recognize, enforce, and other issues, but also with related systems deficiencies and defects are not unrelated. In this paper, the basic system of civil litigation costs theoretical issues as a starting point, to combine the theory and systems analysis of the cost of litigation, \Based on the comparison method, combined Analysis of China's current judicial practice problems related legislation, and from the different levels of reform put forward their own vision in order to contribute to improve our system of civil litigation costs. In this thesis, in addition to the introduction and conclusion, and it includes the following four parts: Part I: basic theory of civil litigation costs regime. The part in the analysis of broad and narrow concepts of civil litigation costs on the basis of a clear concept of this article to take a narrow, laid the starting point for research, followed by analysis of China's constitution and foreign civil litigation costs. About the nature of civil litigation costs were analyzed countries, said fees, taxes and penalties, said that the reasons put forward their point of view and, and demonstrates the cost of litigation as a national fees and the relationship between the right to appeal. Part II: the cost of collection and the burden of civil litigation. Civil litigation costs and burdens imposed as the core of the system, in this section focuses on obtained. First, from the perspective of the following collection system: rational argumentation, expropriation rules imposed standards as well as the financial security of the relationship between the court. Secondly, with regard to the burden of the system, namely the principle of burden loser, losing the burden and the limitations and exceptions to the principle burden of litigation costs a third party system. Part III: Civil cost system of the history, current situation and reflection. This section begins with a brief review of civil litigation costs system in our country's history, so that later in the comparison of the old and new law to find the problem. Secondly, after the above theoretical argumentation and discussion of the core part of the system, analysis of China's civil litigation cost system defects, centralized list of five areas: the name and the legislative body, the composition of the cost of litigation, expropriation basis, litigation Fees charged by the standard judicial practice reduce the impact, \Part IV: Perfecting the Civil Fee of few ideas. The section to previous studies based on the cost of litigation against our current system presents a number of problems related to perfect views.

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