香港民事诉讼中的诉讼费担保制度

The System of Security for Costs in Civil Proceedings in Hong Kong

诉讼费担保制度是普通法系国家的一项民事诉讼规则和制度,它能够解决一些因诉讼费而产生的不公平问题。在诉讼费担保制度的适用情形、担保金命令的申请程序、担保金命令的发出程序、担保金命令的法律效力、担保金的取回程序方面,香港都有比较完善的规定,但也存在一些需要解决的问题。香港诉讼费担保制度的成功之处对于阻止内地民事诉讼中的当事人滥诉行为,会有一定的借鉴意义。

Security for costs is a kind of rule and system in relation to civil proceedings in countries adopting common law system. The purpose of which is to resolve certain issues of unfairness arising from costs. Hong Kong has a relatively complete set of regulations on the applicability of security for costs, the procedure for applying for order for security, the procedure for issuing order for security, the legal effect of order for security and the procedure for recovery of security. However, there are still problems to resolve. The system of security for costs has certain referential meaning for the prevention of abuse of process by a party in the civil proceedings in our country.