潜在的冲突与对立:诉讼费用制度与周边制度关系考

诉讼费用制度是近年来我国法学理论界与实务界关注的一个热点问题,作者通过诉讼费用制度与法院财政保障体制以及诉权保障的关系考察,深入剖析了我国现行诉讼费用制度与周边制度的潜在冲突与对立,进而认为我国诉讼费用制度的改革只有在协调好与周边制度关系的基础上,以发挥司法功能与保障诉权的充分行使为根本指导理念,其功能才能得以充分发挥。

A Study on the Relation between System of Litigation Fee and Relevant Systems

Synopsis: The reform of the expense system in litigation is a hot issue that concerned by the law science theory circle and judicial practice circle of our country in recent years. The author made an investigation through the relation between the expense system in litigation and the others peripheral systems such as the Court financial guarantee system and the guarantee system of litigation right, thoroughly analyzed the potential conflicts and antagonism of the current expense system in litigation and peripheral systems in our country. And then, the author believed that the reform of the expense system in litigation of our country is only on the basis of coordinating peripheral systems, in order to ensure the court to give play to the judicial function and ensure parties to fully exercise the right of litigation as the basic idea in an all-round way, the function of the expense system in litigation could get reasonable full play.