诉讼费用征收存在问题的探讨

Talk About the Collection System of the Expense in Litigation

诉讼费用是诉讼当事人与社会公众利益之间的博弈,诉讼应体现当事人维权途径的畅通,诉讼应收取诉讼费用,但不能过高,诉讼费用不能按案件所涉财产标的大小收取,法院向原告象征性的预收一定费用后,再按诉讼阶段收取一定比例的手续费。原告胜诉后其预交的诉讼费用应由人民法院负责退回。

The expense in litigation, which is like playing chess between lawsuit party and the public interests, is decided by the lawsuit purpose. The lawsuit should reflect the way of safeguarding the rights and collect the expense in litigation, which hopefully cannot be too high. The expense in litigation cannot be collected according to the size that the related property of the case marks. The court collects the expense in litigation symbolically in advance and collects certain service charge of proportion after the certain expenses. The expense in litigation paid in advance should be returned under the care of people's court after the plaintiff wins a lawsuit.