Research On Imposition Of Civil Litigation Expenses

When it refers to the issues that whether should impose on expenses in civil litigation and how to implement this system, different countries have different opinions on both theory and practice. The author conceives that the imposition of expenses in civil litigation accords with the requirement of civil procedure value and cost-partaking, balances the protection and abuse of civil right of action, meets the request of the social effect partaking. For the sake of the litigious right, the State Council has passed new regulation about civil litigation expense. However, from the perspective of judicial practice, there still has room for improvement of this institution. The author tries to fully analyze this system and bring about appropriate advices using comparing and practical methods. Besides the preface and the conclusion, the thesis is divided into four parts:The first part illuminates the theory about the imposition of civil litigation expenses. The author analyses the concept, components and nature of the litigation fees and then elaborates the basic theory about the imposition of litigation expenses, including the justification, criterion, standard, method and other related issues.The second part is the introduction about civil litigation expenses systems of other main countries, including category, criterion, standard and method. Then the author compares these stipulations.The third part illustrates civil litigation expenses evolution of our country. In the beginning, the author expounds the history of the imposition of litigation expenses, trying to show the sequences and the instinct principle about our country. Then the author pays more attention to the advantages of our new regulation. The fourth part analyzes our country's current imposition litigation expenses system, which is the most significant part of this paper. The author employs the practical measures, selecting the objects, collecting data and comparing with other information, finding out the drawbacks of our regulation, at last giving advices for improvement.