| Our country’s litigation-cost system is mainly stipulated in the "Pay provisions of the litigation costs", the first normative legal document of regulations about litigation-cost system in China,which was formulated by the state council,taking effect on April 1, 2007. This article wholely dicusses and researchs the litigation-cost system stipulated in the "Pay provisions of litigation costs" by the form of case analysis.At the same time, the thesis put forward some suggestions for the improvement of China’s litigation-cost system with reference to the foreign litigation-cost system and relevant research results.The article is divided into three parts, the first part mainly introduces the vertical cost-sharing systems of every country and related theories, at the same time, analyzes China’s vertical cost-sharing system by the form of case-analysis and affirms the practise of reducing the financial burden of the parties described in the "pay provisions of litigation costs".The thesis also points out the shortcomings of the document that the relief-scope is too small, and the relief-way is too single, etc.And put forward some suggestions for the improvement of China’s related system.The second chapter discusses the horizontal cost-sharing system of every country and various theories about this kind of system, and lists several cases to discuss our country’s vertical cost-sharing system, and affirms the "loser burden principle" used in this system.At the same time, the auther put forward the "cost-integration principle" by referring to the system of Germany. The third chapter in this thesis points out some shortages of China’s litigation-cost system.For example,some parts are logically contradictory and the document-makers lack the relevant authority, etc. This thesis also put forward some advices for the improvement of the litigation-cost system,such as increasing relief-ways when disagreeing with the court’s cost-decision, perfecting the cost-sharing program and publicity-mechanism etc. |
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