劳动争议案件诉讼费用再审视

The Review of Costs of Labor Dispute Cases

《诉讼费用交纳办法》的实施引发了理论界与实务界对劳动争议案件诉讼收费的再度审视,劳动争议案件只收取十元案件受理费,保障劳动者申诉权行使的同时,也在司法实践中引发了诸多问题。鉴于劳动争议的特殊性以及解决劳动纠纷的现实需要,有必要在立足于劳动法律对劳动者倾斜保护的基础上对劳动争议案件诉讼费用进行改革与完善,通过科学界定劳动争议案件诉讼费用的构成、合理设计多元化的收费标准,同时借鉴英国的诉讼费用罚则完善劳动争议的调解机制,进而准确把握对劳动者倾斜保护的"度"。

The implementation of the Approach to Pay the Cost of Litigation triggered the review of the litigation charging of labor dispute cases within theoretical and practical circles. For only ten yuan court acceptance fee of labor dispute cases, it not just ensured laborers exercising their right, but also caused many problems in the judicial practice. In view of the particularity of labor dispute and the real needs of solving cases, it is necessary to reform and perfect the charging system of labor dispute cases base on labor law favoring la- borers, and reasonably design a diversified charging standard through scientific defining the cost constitution of labor dispute cases. At the same time, draw lessons from British litigation cost penalty to perfect labor dispute settlement mechanism, thus accurately grasp the ＂degree＂ of favoritism upon laborers.