Research On Litigation Insurance System

Let every citizen to enjoy judicial jurisdiction is a duty of modern country under the rule of law, but the western countries after the use of a variety of measures is still not clear for the citizens in the pursuit of justice of the obstacles on the road, expensive litigation costs has become the road stumbling block, especially for those who are not litigation the cost of bailoutconditions middle-income social groups. Therefore, European countries generally implement the litigation insurance system, intended by the parties to reduce legal costs, to achieve the effect of citizens better access to justice. The litigation insurance system refers to the parties in the proceedings after the purchase of insurance business, if there is dispute with others, the litigation arising from the legal expenses will be borne by the insurance company of a system. Because our country still has the reality of life in "the costs repel the lawsuit" phenomenon, so in order to protect the rights of our citizens, it is necessary to transplant the litigation insurance system, so that our citizens can use the system to better access to justice.This paper is divided into five parts, the first part mainly introduces the basic theory of the litigation insurance system, including the meaning and characteristics are elaborated, and then analyze the background and theoretical basis of the system, and the other at home and abroad and compared the current system; the second part is the study of foreign insurance litigation system, the main is the first of several countries in Britain, France, Germany, Japan,the emergence and development of system were introduced and analyzed, then from the practice experience summary; the third part is through the two aspects of system function and litigation fees to explaining the necessity of transplanting the litigation insurance system in our country; the fourth part is the combination of China's society the environment, analysis of the existing system in the process of transplantation of obstacles and solutions; the fifth part is to develop a general framework for the establishment of the system of our country.