The Civil Procedure Cost Research

The life of litigation lies in the realization of protecting the rights of entity, and entity rights can’t become actual rights of persons involved unless they are protected by court proceedings. However, as an old saying goes, justice delayer is justice denied. If we want to make the litigation more efficiency, we must invest cost. There are all kinds of sources of cost in the process of the litigation. If they can’t accept the rate between cost and efficiency, there’s no doubt that the main parts will refuse to litigate and look for more economical measures to handle problems. If so, the life of litigation will be exhausted, law will lose its real value of existing as well. This thesis will use the methodologies of analyzing economics of law basing on the fundamental principle of litigation cost to analyze how the cost of civil lawsuit forms and how it works. What’s more, this thesis will analyze the operating status and reasons of litigation cost referring to the relative policies of litigation cost of various regions and research perfect measures which are suitable for the practical situation of China, and these have both theoretical and realistic meaning in providing theoretical foundation and guidance during the reform of law suit system.This thesis has five parts:The first part is analysis of fundamental principle of litigation cost. This part includes the concept, the characteristics, the categories and the form of litigation cost. It is divided into national and private cost referring to different characteristics, and is also divided into dominant and recessive cost referring to different show. Then it will state the meanings of these two kinds.The second part analyzes the necessity and method of operation of civil procedure cost using the method of economics of law. First, to demonstrate reasonable places of using economics analysis based on the theory of civil procedure cost, those are protecting essential rights of the main part of civil procedure, making civil procedure more efficiency, reducing the cost of persons involved. Then it introduce briefly that this thesis is based on economics, and it analyzes the relative concept of civil procedure cost. Based on those mentioned above, it analyzes constituent elements of civil procedure cost, and elevates the operating effect of civil procedure using economics.The third part discusses the heritage and change of history of civil procedure cost and the extra-regional system so as to make a contrastive research. First, it states the development of civil procedure cost in China, and explains the future of relative policies and regulations from different stages. It also introduces the relative civil procedure cost, researches the advantages and disadvantages of our national system and points worth borrowing contrastively. Considering the civil procedure cost under the present system, it makes good preparations for good proposals raised in the following content.The fourth part is the investigation of the present civil procedure cost. It analyzes the concrete provision of civil procedure cost, and research the civil procedure cost under the present system. Then it analyzes series problems existing in the civil procedure sharing system, such as unreasonable fee of civil procedure, heavy burden of civil procedure fee, judicial aid existing in name only, petty sum lawsuit cannot make both ends meet, unreasonable fee in judicial practice, unreasonable proceeding, incomplete summary of civil procedure cost, inadequate principles in civil procedure sharing, etc.The fifths part mainly states that perfecting the civil procedure system. According to issues stated in part4and analysis of civil procedure cost, this thesis makes some available suggestions, for example, to build more reasonable policy of litigation costs, establish the basis of reasonable litigation costs, establish the content of reasonable litigation costs, make the system of litigation costs aid perfect, establish the insurance system of litigation costs, increases efficiency of judge and reduce time cost, improve the comprehensive quality of judges, solve issues in various ways, perfect the program of civil procedure.