Research Of Judicial Costs And It's Control

This article through deeply study on the theories of judicial costs, and based on the comprehensive study of foreign countrys'judicial costs, the paper focuses on the comb the achievements and existing problems in the control of judicial costs of our country, and then dig up a better and new thought for the judicial costs control. Text is divided into four parts:The first part, the basic theory of judicial costs.In this section, the thesis firstly bounds the connotation of judicial costs,including the concept of judicial costs and the character of judicial costs; Secondly, the classification of judicial costs were summarized, including direct costs, error cost and ethics cost, dominant costs and the hidden costs; Then, summarize the influence factors of the judicial costs, including, judicial resources allocation whether reasonable, judicial management whether sciencely, alternative dispute resolution mechanism whether perfect, the litigation cost share whether reasonable, the litigation cycle length whether appropriate, whether the litigation procedure simplified, the administration of justice whether fair and whether the justice executive timely;Finally,resolve the three kinds of control path, that is pre-litigation control,lawsuit control and after-lawsuit control, and then, the advantages and disadvantages of the three kinds of routes were analised.The second part, the control of judicial costs in out-country and the enlightenment. In this section, firstly, the author hackles the content of the control of judicial costs practice, summarizes the five main measures are:First,the extensive application of ADR, control the number of cases in the judicial process; Second,reform the relevant system to reduce lawsuits delays; Third, establish consultative judicial system; Fourth is the professional specialization, elite, ensure the quality of the referee. Secondly, summarize the enlightenment of the judicial cost control in out-country, including the control system of judicial costs designed based on its national, the integrity of judicial cost control, pay attention to the cost of the control talent guarantee get attention, the cost of the system guarantee of the more perfect.The third part, the achievement and problems of Chinese judicial cost control. In this section, the cost control of our country at first the achievements of the review, basically have:litigation reform program is effective, judicial information construction produced results, diversified dispute resolution mechanisms perfected gradually, executive system reform effects obvious; Secondly,the problem of judicial cost control of our country, mainly in the following aspects:firstly is the judicial resources allocation is not reasonable and severe waste, the second is the trial efficiency is very low, the number of judge issue of per capita is great gap than the developed countries, third is judicial corruption problems serious,"power rent-seeking"led to increase costs, and fourth is "difficult to execute" the problem is still not effectively resolved.The fourth part, to promote Chinese judicial cost control of the specific idea. In this section, the author advances our country judicial cost control of the specific ideas presented their views, the main content is:the first, our legal cost control should be the basic principles of, including judicial efficiency principle, judicial people-oriented principle, judicial information principle; Second to promote Chinese judicial cost control of the specific ideas, including building a more scientific and reasonable judicial system; Strengthen judicial information construction; Expand the use of simple procedure in civil litigation, criminal procedure and, set up simple procedure of administrative litigation; build vertical funding mechanism of the court; Establish litigation insurance system; practice the system of select justice from the good lawyer, scholars; Formulate unified "Enforcement Act ", establishing the independent enforcement agencies; Set the responsibility system of extended trial.