民事诉讼费用制度与司法公正关系考——兼论我国民事诉讼费用制度的立法缺陷

人们选择司法是因为相信司法是维护公平正义的,但在司法实践中,司法不公的现象已成为社会的痼疾.作为民事司法制度的重要组成部分,民事诉讼费用制度对司法公正的影响不客忽视,而我国民事诉讼费用制度存在着缺陷.应积极稳妥地推进制度建设,并赋予国民如不服诉讼费用的决定可提起上诉的权利,加强诉权对审判权的有效限制和监督,以从真正意义上对诉讼费用制度予以规制.

A Textual Research on Relations Between the System of Civil Litigation Cost and Judicial Just--On the Legislative Defects of Our System of Civil Litigation cost

People select justice because they have the belief in its function to safeguard fairness and just, but in the judicial practice, the unfair justice has become a serious social phenomenon. This paper points out that the system of civil litigation cost, as one of the important components of the civil judicial system, its effects of on judicial just shouldn't be ignored. In addition, there're still some defects in our current system of civil litigation cost, and we must actively push forward our systematic construction, entitle people to the rights of appeal when they refuse to accept the judgment of litigation cost, strengthen the restrictive and supervisory effects of litigious rights on judicial power, so as to regulate the system of civil litigation cost in a real meaning.