Research On The Burden Of Litigation Expenses

The burden of the cost of litigation means the allocation of public-costs of litigation and private-costs of litigation between litigants.Litigation cost burden this issue deciding litigation costs transfer between the parties,the reasonableness of its construction directly affects the exercise of the right to appeal and the choice of legal action.The reasonable litigation costs burden system, not only urge the parties exercising their litigation rights are not confined to litigation costs,but also regulate the litigation actions of the parties.Thereby avoiding judicial should be set aside no because of its high thresholds but also to prevent being abused because of its cheap.The burden of litigation costs is a vital part of the litigation cost system,no matter how to adjust the scope of litigation costs,and on matter how to design the standard of litigation costs,finally cost of litigation to be shared between the parties to implement.However, its importance deviates from that study on the litigation costs did not attract enough attention between the theorists and practitioners Even in2006 revised "Measures to pay the cost of litigation" to implement legalization of litigation costs, reduce collection standards,but did not really make the parties exercise the right to appeal easier.The reason is that, there is also an "invisible barriers" blocking parties access to justice by proceedings.After extensive empirical research, the system of legal costs, there are several problems in practice the following:First, the cost of litigation parties overburdened, the private-costs unable to pass on losing party;Second, the rules of burden are not uniform applicably, the mechanical application of losing party pay rules led to the unreasonable cases;Third,litigation costs borne decision lack of the effective supervision and relief channels nothingness.The reason why faced the above dilemma on the burden of litigation costs:On the one hand, rooted in the institutional flaws which the relevant legislation of the burden of litigation costs is not perfect; On the one hand, rooted in the institutional flaws that the relevant legislation of the burden of litigation costs is not complete;On the other hand, by the impact of external factors, different stakeholders litigation ideas and values orientation differences.Abnormal development of related peripheral system leads to insufficient supply,such as the confusion of Legal services Market and incomplete legal aid system.Therefore, on the basis of comparative research and empirical studies,within the institutional framework of the burden oflitigation costs,limited expansion of the scope of the burden of litigation costs,type of setting rules of burden litigation cost and with exception rules,effective supervision of referee on the burden of litigation costs.At the same time changing the litigation ideas and values orientation,reforming lawyer fee system and improving China’s legal aid system,only in this way,can we effectively cope with the current difficulty of litigation expenses burden in our country,the right holder can truly going into the court.