胜诉方负担民事诉讼费用研究——由深圳中院诉讼费用复核第一案引发的思考

A Study on Prevailing Party Bearing Litigation Expense——A Thinking Arising from the First Case about Litigation Expense Bearing Re-examination from Shenzhen Intermediate Court

当事人有限度负担诉讼费用和败诉方负担诉讼费用是各国诉讼费用负担规则通行做法。但司法实践表明,机械、绝对地适用败诉方负担诉讼费用规则会产生假性正义而背离公平和正义。在特殊情形下,由胜诉方负担诉讼费用符合法律所追求的公平正义原则,应当借鉴国外民事诉讼费用负担规则基础上,结合我国实体法的规定和具体案例,确定民事诉讼胜诉方负担诉讼费用规则。

The parties shall bare limited civil litigation expenses and litigation expenses shall be born by the losing party,which are the common practices. Many civil eases indicate that inflexible and absolute rules will lead to fraud justice, which goes against fairness and justice. Under certain circumstances, it is justified that prevailing party bears the litigation expense. We should learn rules of litigation expenses from other countries and areas and establish that the prevailing party should bear the litigation expense based on our entity rules and judicial nractio,~