Cost-Sharing in Civil Justice

doi:10.1080/02529203.2018.1414399

CORC > 上海财经大学 > 上海财经大学

	Cost-Sharing in Civil Justice
	Wang Fuhua
刊名	SOCIAL SCIENCES IN CHINA
	2018
卷号	39 期号:1 页码:98-113
关键词	court costs litigation costs rights protection judicial reform
ISSN号	0252-9203
DOI	10.1080/02529203.2018.1414399
英文摘要	As an economic factor affecting access to justice, the cost of justice naturally constitutes an element of judicial reform. It is the overall deconstruction of the cost of civil justice, rather than partial observation and analysis confined to litigation costs, that can legitimize the sharing of court and litigation costs and clarify the demarcation between public and private costs. This first-order rule of cost-sharing is intended to establish a balance between the state's investment of public resources in the judicial system and the costs borne by the litigant. The second-order rule of cost-sharing centers on the distribution of litigation costs among litigants. This requires not only the setting up of the goal of just and equitable sharing of litigation costs, but also the overall consideration of the adjustment function of the cost mechanism in litigation and pursuit of the general improvement of the justice system. The third-order cost-sharing rule should focus on giving full play to the legal services market and social organizations in sharing the cost of litigation. Its success will depend on the development of professional ethics and on legal regulation.
WOS研究方向	Social Sciences - Other Topics
语种	英语
出版者	ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
WOS记录号	WOS:000434454100006
内容类型	期刊论文
源URL	[http://10.2.47.112/handle/2XS4QKH4/773]
专题	上海财经大学
通讯作者	Wang Fuhua
作者单位	Shanghai Univ Finance & Econ, Sch Law, Shanghai, Peoples R China
推荐引用方式 GB/T 7714	Wang Fuhua. Cost-Sharing in Civil Justice[J]. SOCIAL SCIENCES IN CHINA,2018,39(1):98-113.
APA	Wang Fuhua.(2018).Cost-Sharing in Civil Justice.SOCIAL SCIENCES IN CHINA,39(1),98-113.
MLA	Wang Fuhua."Cost-Sharing in Civil Justice".SOCIAL SCIENCES IN CHINA 39.1(2018):98-113.