日本民事诉讼费用救助制度之研究

日本的民事诉讼费用包括裁判费用和当事人费用。为了保障公民接近正义,实现实质上的平等,日本民事诉讼法 中规定了诉讼费用救助条款。原则上,这一救助只涉及裁判费用,救助的效力表现为延缓缴纳裁判费用等诸多方 面。我国目前还未在民事诉讼法中设置诉讼费用救助条款,所以,日本的相关制度对我国极具参考价值。

Study on System of Aid to Civil Litigation Fee in Japan

The civil litigation fee in Japan includes trial cost and parties' fee. In order to guarantee the civilization to access the justice and realize the equality in essence, the rule of assistance of litigation fee is made in the civil litigation law of Japan. In general the assistance is only related trial cost and the effect of assistance appears from such aspects as delaying payment of the trial cost, etc. Until now there is not the clause of assistance of litigation fee in the civil litigation law of China. So the related system in Japan is of referring value to China.