Research On Cost Control Of Civil Litigation

In the goal of reform of the judicial system determined by the Third Plenary Session of the 18th Central Committee of the Communist Party of China,it is proposed that the construction of a fair,efficient and authoritative socialist judicial system should be accelerated.Fairness,efficiency and authority have also become important value pursuits in the reform of China's judicial system.Its specific requirements for judicial activities should respect the laws of the economy,and obtain the maximum benefits through minimum investment on the premise of justice.As far as civil litigation is concerned,it provides a fair and effective way for people to resolve disputes,but the conduct of civil litigation will inevitably lead to a certain consumption of civil litigation costs.In the modern rule of law society,saving litigation costs,improving litigation efficiency and promoting litigation justice are the requirements and expectations of people for civil litigation activities,and also the inevitable requirement for the development of the rule of law society.Therefore,in order to maximize the role of civil litigation,the cost of civil litigation costs should be controlled.In fact,the cost of civil litigation is not only inseparable from the exercise of the party's right to appeal,but also affects the construction of a harmonious society to a certain extent,and even determines the choice of people's dispute resolution methods.However,it is worth noting that there is always a problem of excessive civil litigation costs in China's civil litigation activities.Therefore,this paper chooses civil litigation cost control as the research object,mainly based on China's legislative provisions and judicial practice,through the analysis of foreign advanced experience and domestic reform results,puts forward the theoretical opinions and specifics of China's civil litigation cost control.Measures.This article is divided into the following sections:In the part of "Introduction",this thesis introduces the research topic from the background of foreign reforms and the practical problems in the practice of civil litigation in China.It summarizes the research status and significance of civil litigation cost control,and proposes the innovation and research methods of this paper.In Chapter 1 "The basic category of civil litigation cost control." By introducing the concept interpretation,academic classification and functional presentation of civil litigation costs,the basic connotation of civil litigation costs is clarified.Through the use of the theory of law and economics,the game analysis,the Posner theorem analysis and the cost-benefit theory analysis of civil litigation costs further clarify the important role of civil litigation costs.On this basis,the basic connotation of civil litigation cost control is put forward.It is clear that civil litigation cost control refers to the appropriate reduction of litigation costs in civil litigation and reasonable allocation of litigation costs to achieve maximum litigation benefits.Litigation activities will inevitably lead to cost,and no-cost litigation is just a "castle in the air".How to increase the utilization rate of litigation costs and reduce unnecessary litigation investment has become our concern.The fundamental purpose of civil litigation cost control is to improve the efficiency of litigation in the case of certain litigation benefits.The value pursuit of civil litigation cost control mainly includes three aspects:the pursuit of the basic value of the realization of the right to appeal,the pursuit of the realistic value of economic rationality and the pursuit of the process value of promoting the sound operation of the judicial mechanism.In Chapter 2 "The general theory of civil litigation cost control." The influencing factors of civil litigation cost control mainly include four factors:the cost of civil litigation,the length of civil litigation cycle,the complexity of civil procedure and the quality of civil trial.The control of civil litigation costs mainly depends on the support and guidance of the theory of justice,the theory of cost equivalence and the theory of rational choice.Specifically,the theory of close justice requires that the judiciary is highly democratic and becomes a right relief mechanism that is close to the people's demands and meets social needs,so as to ensure that all people have equal access to justice resources and equal access to the courts.It can ensure that the party's right to appeal is effectively protected while avoiding the low cost of litigation and making limited judicial resources abused by some parties.The principle of cost equivalence requires that the cost of national judicial resources should be equivalent to the economic losses thus recovered by the society.The litigation costs of the parties should be equivalent to the expected achievable benefits,and the litigation costs should be controlled within the scope of cost equivalence.The rational choice theory shows that the actor will conduct cost-benefit analysis of various forms of remedies that may be taken from his own perspective,so as to choose an appropriate dispute resolution method.In Chapter 3 "The extraterritorial investigation of civil litigation cost control." By comparing the composition of extra-territorial civil litigation costs,the method of collecting civil litigation costs,and the burden of civil litigation costs,the specific content of extra-territorial civil litigation costs is clarified.After the Second World War,countries initiated civil litigation reforms on issues such as delay in litigation and high litigation costs.The main content is to adjust the cost of civil litigation to promote citizens' access to justice;extensively apply ADR to filter cases and control the number of cases;under the premise of ensuring impartiality,reform the litigation procedures,establish appropriate procedures for small and simple cases,reduce Delay in litigation,improve the efficiency of civil litigation,and control the cost of civil litigation.The trend of extraterritorial civil litigation cost control is reflected in three aspects:the legislative goal changes from random to clear;the control scope changes from partial to systematic;the program setting changes from simplification to pluralism.In Chapter 4 "The analysis of the status quo of China's civil litigation cost control".China's civil litigation cost control is reflected in the substantive law,procedural law and special provisions of litigation costs,but it is not systematic.The operation of civil litigation fee system in China,the application of civil diversification and diversion,the reform of diversified dispute resolution mechanism and the development of judicial aid for litigation costs all reflect the control of civil litigation costs to varying degrees.By examining the control of civil litigation costs in judicial practice,it points out that China has the following problems in the cost control of civil litigation:the civil litigation fee system is still insufficient,the civil litigation resources are not rationally arranged,the design of civil litigation procedures needs to be improved,and the trial system cannot Effectively terminate the dispute.In Chapter 5 "Reform of Civil Litigation cost control".The goal of civil litigation cost control is to achieve Pareto optimal state,and regard the maximum value of civil justice and justice in the whole society as the optimal allocation,and realize the relative cost of marginal civil justice and marginal civil justice.Civil litigation cost control should follow the lawsuit idea of distributive justice demands cost control need to consider the case of the specific circumstances,to make sure every case can get proper attention,both the configuration of the resources and the cost of inputs should match with the complexity and importance of the case.In addition,the principle of litigation justice and litigation efficiency must be adhered to when to control the cost of civil litigation,but not at the expense of litigation justice.The functional positioning of civil litigation costs can be understood from two angles:first,the angle of the parties should reduce costs,and quickly resolve the disputes between the parties;second,the court's perspective,rational allocation of judicial resources through cost control,reshaping judicial authority.The cost control of civil litigation should meet the basic requirements of three dimensions,namely the true dimension,the correctness of the judgment;the time dimension,in line with the timeliness of litigation;the cost dimension,which fits the rationality of the distribution.In Chapter 6 "Specific measures for cost control of civil litigation in China".In the context of litigation costs affect people's access to justice,specific measures should be taken to achieve the optimal allocation of total social resources input and maximization of social benefits.By adjusting the burden of litigation costs,people can influence the use of trials to purchase justice action.In civil litigation,the different system designs,the total cost and the income are different,change the design of the civil litigation system,and promote the ratio of cost and benefit to the best value.Perfecting the civil litigation fee system should speed up the legislative process of the litigation fee system,reform and improve the litigation cost burden system,and accelerate the supporting reform of the litigation fee system.In order to rationally design the civil procedure and control the cost of civil litigation,the litigation procedure should be simplified to reduce the cost of resources,shorten the trial period to reduce the cost of time,strengthen the process management,and form the scale of trial.For the allocation of civil litigation resources,human resources and material resources should be scientifically allocated on the basis of establishing a scientific judicial efficiency concept.In addition,a diversified review system should be constructed,that is,the first-instance final review system should be effectively applied,and the two-trial final review system should be improved,and a conditional three-trial final review system should be constructed.Besides,the supporting measures for civil litigation cost control should be improved.From the perspective of law and economics,the cost of achieving the purpose of litigation is the most costly solution to all alternatives,and the subsequent emergence of other less costly solutions can improve the resolution of non-litigation disputes and reduce the expected cost of the parties.The establishment of the registration system has led to frequent abuse of the right to sue,resulting in unnecessary consumption of litigation costs.Therefore,disciplinary rules for malicious abuse should be established.In order to respond to the requirements of the people's court trial system and the modernization of trial ability,we should actively promote the informatization of civil justice,and promote people's access to justice and justice.