Analysis On The System Of Third-party Commercial Litigation Funding

Litigation is the last barrier to the protection of rights,and litigation will inevitably incur costs.Commercial litigation quantities are usually larger,according to the revised Measures on the Payment of Litigation Costs,bid for more than 1.3million cases,litigation costs increased,and under the rules of " The losing party shall bear the litigation costs ",itself high risk commercial litigation and thereafter to take each other’s litigation costs;At the same time,the cost of lawyers in commercial litigation is generally higher,which to some extent exceeds the cost of litigation and increases the pressure of litigants.For commercial subjects with strong economic strength,litigation expenditure may not be a burden,but for general commercial subjects,especially small and medium-sized enterprises in the growth,litigation expenditure may make them financially constrained,and legal aid and judicial assistance with the weak nature of poverty alleviation and relief is difficult to cover these commercial subjects.Therefore,it is urgent to find a way to solve the problem of litigation cost.The emergence of the third-party commercial litigation funding system from Australia has pointed out the way for commercial subjects to get rid of the litigation cost burden.When the mode of "Internet & law & finance" is in full swing,third-party commercial litigation funding as a method integrating law and capital,can not only help commercial subjects solve capital problems,but also explore new investment market and legal market,which can actually kill two birds with one stone.This paper startsfrom the development status and practice of third-party commercial litigation funding,summarizes the experience and lessons of system development abroad,provides theoretical support and improvement measures for the introduction of system,and hopes to explore the third-party commercial litigation funding system suitable for China’s national conditions.The first chapter of this paper starts from the micro perspective,and sorts out the meaning of third-party litigation funding and the operational procedures of commercial litigation funding,paving the way for the next research.The second chapter mainly studies the evolution of the third-party commercial litigation funding system and the development of the extraterritorial development.It analyzes the conditions and development status of the system that can be generated outside the domain,and analyzes and draws on relevant experience.The third chapter studies the necessity and feasibility of introducing the system into China.Start with a few more typical commercial litigation in our country funding case as an example,introduces the present commercial litigation funding company business areas and conditions,and then from the main body in the current commercial cost burden,costs mechanism need to perfect and good financial environment,such as Angle analyzes the necessity and feasibility of introducing relevant system in China.The fourth chapter mainly studies the improvement of system introduction.Barriers,introduced firstly analyzes the system,using the existing and future perspective,found that exist in the process of introduction of legislation blank,the abuse of right to Sue,investors may be produced control litigation and legal profession ethics impact problem,the second is according to the results,analysis of the introduction of a third party commercial action in what fields to make perfect funding system,make recommendations for the development of the system.