On Civil Litigation Benefit

In real life, there are various methods of resolving disputes, such as reconciliation, mediation, arbitration, litigation. To a large extent, the cause or motivation for a rational person whether to initiate lawsuits or not depends on evaluating input and output to lawsuits way. And this is principle of litigation benefit. Applyying the original meaning of Effectiveness , we can summarize the meaning of effective action as that: use minimal resource consumption of litigation to obtain the same effects, or use the same resource consumption litigation proceedings to obtain larger effect. At present, China is in the social transformation period of establishing new type of socialist market economic system, the benefit value will be reflected in every aspects, and the area of civil litigation is not excluded.To discard the anachronistic obsolete concept of justice, and meet the parties'pursuit of efficiency, and reconstruct procedural system, which is current important subject and urgent task to reform and improve the Civil Procedure Law.In addition to the introduction and conclusion of this article, the body is composed of five parts.The first part is briefly on that the effectiveness is the basic value in the area of civil litigation. " Effectiveness " is an economic term, and the basis for the benefit as the scope of value is that the supply of any resource is always limited in a certain period of time. One of the biggest themes of contemporary socio-economic development is to maximize the optimization and allocation of resources. Law as a mechanism for adjusting the social relations will be conducive to the protection of social resources, the rational allocation and efficient use, so benefits will inevitably become the basic values of the law. China's market economy is the economic background to file a civil-effective value, which led to the conflict and unity of the value of fair and benefit in civil action, while the value of litigation benefit will have a huge impact on the conducts of the parties.The second part is on the benefit of civil litigation and the modes to improve litigation benefit. There are several views on the content of litigation benefit,after the comprehensive comparison of these views, I agree with the view that the content of litigation benefit should include the two value systems: economic value systems and ethical value system.Refer to these two value systems , I carry out a detailed analysis of the content of litigation benefit from a cost-benefit point of view , and I analyse factors of the impact of litigation cost-benefit from the perspective of litigants, which would be benefitful to explore effective ways to improve the litigation benefit. Then I briefly discusses the three modes to improve litigation benefit: cost-reduce mode, cost-transfer mode, benefit-promote mode.These three modes give me grest inspiration. The three concepts will be analysed in the last three parts in detail from the perspective of litigants' lawsuit cost and lawsuit income.The third part is mainly on the cost-reduce mode. I analyse the status of the cost of China based on the factors of the impact of litigation cost-benefit.After my analysis, I think that there is a need to reform on costs in the proceedings in our country's justice system,while it can come to the conclusion that costs in the proceedings is high.Then I proceed the advice about the judicial reform to reduce the litigation costs based on factors of the impact of litigation cost-benefit.The forth part is on the cost-transfer mode. The cost-transferring of legal proceedings is divided into the first shift and second shift. The first shift mainly refer to transferring the costs of legal proceedings to costs to the trial proceedings,it is embodied as the cost of litigation charge in our law.I analyse the new law about the cost of paying litigation,then I put forward a simple suggestion about it. The second shift mainly refer to transferring the private costs of parties to the third party or the other party.Although I am very inclined to the "winners get all" principle, it means that losters bear the full cost of litigation of winners, but I think it may be difficult for people to accept the principle .So I think that legal fees can be shared, and carry out the principle at last.Then I added the special case about the transfer of cost of the proceedings: the legal aid system and judicial assistance, and I recommend the implementation of legal aid with the integration of justice.The last part discusses in detail the benefit-promote mode.The improvement of litigation profit meanly refers to that one proceeding can solve many disputes between two parties or more parties.The common patterns are the V. subjective merger and V. objective merger. In this part I focuses on our system of representative litigation. I analyze the unreasonable place of our representative litigation system, and then I put forward a suggestion about our representative litigation system.