In order to reduce the state enterprises loss in contract disputes, with the help of analysis of the reasons in losing cases of contract disputes, the work of law making should be strengthened.

Both common law and civil law approve the system of the defeated suitor bearing counsel fee (or DSBCF) in varying degrees.

By the research of relevant questions about the mechanism of the allocation of legal costs with the game theory, it seems to be important to break through the old one in our country, and to set up a new mechanism of the Vanquished Pay Everything and the Competitive Attorney Fee Pricing to adjust private s decision from settlement to trial.