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The Research of the System of Civil Litigation Expenses

Author: ZhengZuo
Tutor: ChenYongGe
School: Sichuan University
Course: Procedural Law
Keywords: civil litigation expense right of sue access to justice
CLC: D925.1
Type: Master's thesis
Year: 2004
Downloads: 228
Quote: 0
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Abstract


This thesis is about an ultimate topic-the system of civil litigation expense, which is rarely studied by scholars of jurisprudence but is deeply concerned about by parties of litigation. In this system, many important theoretic issues are involved in, for instance, the accessibility of justice, the protection of right to sue, and cost of litigation, etc. The system of civil litigation expense reflects the authority’s attitudes and policies to these issues. So it is necessary to study this system carefully. Thereby, this article analyzes the theoretical basis of this system and the cunent problems and their causes of Giinese system of civil litigation expenses by comparing those systems of other states and districts. After that, this article brings forward some reformatory measures.The thesis consists of four parts, excluding the forward and completed words. Its abstract is as follows:Part one:The general introduction of system of civil litigation expenses.Through study the duality relation of civil litigation expenses and the right to sue and analyses twice transfer mechanism of judicial cost, the thesis uncovers the theoretic basis of this system. Followed that, this part points out the significance of this system.Part two: Comparison study in systems of civil litigation expenses of other states and district. Through comparing the systems of Germany, Japan,France, United Kingdom, United States and Taiwan, the thesis indicates the direction of improving Chinese current system.Part three: The history of Chinese civil litigation expenses and the analysis of Chinese cunent civil litigation expenses-The thesis briefly draws out the history of Chinese civil litigation expenses from ancient times to Qing dynasty, then from Guoming Party period to People’s Republic of China. After that, the thesis discusses the main shortages of Chinese current system of civil litigation expenses in seven aspects.Part four: The suggestion of improving Chinese system of civil litigation expenses. Based on the studies ahead, the thesis provides that> the directorial ideology-protecting the right of Sue-should be found,and that the power of legislating rules of civil litigation expenses should be hold by the Peoples’ Congress. The thesis also suggest that it is necessary to improve Chinese system of civil litigation expenses by expanding the scope of civil litigation expenses, by clearly defining the cost of subject matter of action, by reasonably distributing civil litigation expense, by establishing dissidence procedure of civil litigation expenses, by strengthening state obligation of legal service, and by founding the system of legal expenses insurance.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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