2004Journal of Guangxi Administrative Cadre Institute of Politics and LawRequires access

Insurance of litigation:New litigation aid in 21 centuries

Bin Yuan

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Abstract

The system of litigation costs is very important in course of civil procedure, it even concerns the base of the judicial system. But for a long time, almost no attention was paid to this system, there are many problems in legislation and practice all the time. A lot of people are unable or unwilling to enter the lawsuit because of the unreasonable litigation costs, and the phenomenon that the costs repel the lawsuit has appeared. The failure of traditional aid measures in litigation is calling the new system. Combining the economic theory of micro, we can establish the system of insurance of litigation costs(the system of insurance of litigation in brief), letting the majority share the risk of litigation costs, and making litigation costs save itself in microcosmic region. It must be a feasible scheme.

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What this paper is about

The system of litigation costs is very important in course of civil procedure, it even concerns the base of the judicial system. But for a long time, almost no attention was paid to this system, there are many problems in legislation and practice all the time. A lot of people are unable or unwilling to enter the lawsuit because of the unreasonable litigation costs, and the phenomenon that the costs repel the lawsuit has appeared. The failure of traditional aid measures in litigation is calling the new system. Combining the economic theory of micro, we can establish the system of insurance of litigation costs(the system of insurance of litigation in brief), letting the majority share the risk of litigation costs, and making litigation costs save itself in microcosmic region. It must be a feasible scheme.

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Available abstract

The system of litigation costs is very important in course of civil procedure, it even concerns the base of the judicial system. But for a long time, almost no attention was paid to this system, there are many problems in legislation and practice all the time. A lot of people are unable or unwilling to enter the lawsuit because of the unreasonable litigation costs, and the phenomenon that the costs repel the lawsuit has appeared. The failure of traditional aid measures in litigation is calling the new system. Combining the economic theory of micro, we can establish the system of insurance of litigation costs(the system of insurance of litigation in brief), letting the majority share the risk of litigation costs, and making litigation costs save itself in microcosmic region. It must be a feasible scheme.

Key concepts: Lawsuit, Civil litigation, Legislation, Business, Litigation risk analysis, Actuarial science, Law, Civil procedure

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