Civil Litigation Expenses System

The Civil Procedure Law of our country endows citizens with an important right-- litigious right, via which the citizens can quest for the judicial relief. Nowadays the modern legal countries all stipulate litigious right of citizens as a constitutional substantive right. It becomes goal of setting up civil judicial system to support citizens to realize their litigious rights and prevent them from abusing such rights. The system of civil litigation fees plays an important role in achieving these goals. Meanwhile, the current insurance system of legal fees involves the fact we should face to, that the courts have to collect litigation fees to maintain their daily operations, which made us focus on the theories as well as the practices of the litigation fees system.Begins with a research on basic theories of civil litigation fees, this thesis distinguishes the litigation fees from litigation costs, trial costs and other relevant concepts; defines the concept and composition of litigation fees in our country; analyzes the basis of such collection and the legal characteristics, with the conclusion that in our country the collection of litigation fees shall be deemed as eclecticism, and the litigation fees shall be considered as state duties with compensation, rather than punitive actions; and clarifies the differences between the civil litigation fees system and the litigious right protection.This thesis conducts complete introduction and detailed comparison towards the history of litigation fees system in our country, describes the characteristics at different stage. Based on these, this thesis, from the perspective of protecting the citizen's right of claim, makes affirmative comments to the positive meaning of the Paying Means of Litigation Fees by the State Council regarding to the decrease of litigation fees standards in a large extent and the definition of collection scope. This thesis mainly passes judgment on the disfigurements of the current civil litigation fees system. Via legal analysis, data comparison and other methods, it animadverts the disfigurements of the Paying Means of Litigation Fees by the State Council, especially has a demonstration on the fatal affects of the performance of this means to the operation of courts.In conclusion, this thesis provides suggestions to the improvement of civil litigation system in our country, namely: a, on the conception level, make it the top idea to protect the right to claim, meanwhile to take care of the normal operation of the judicial organs; b, on the legislative level, to enact an specialized, consolidated and authoritative law regarding litigation fees; c, on the substance insurance level, to increase the central finance transfer to provide sufficient financial support to the normal operation of the courts; d, on relief level, to perfect the litigation fees relief system; e, on systematic level, to establish and perfect the relevant systems in relation to the litigation fees system.