论民事公益诉讼中原告败诉的诉讼费用负担——以“常州毒地案”天价诉讼费为视角

Burden of Litigation Expense in Civil Public Interest Litigation——From the Perspective of High Price Litigation Fee of the Changzhou Poison Case

现有的诉讼费用以败诉方负担为原则,民事公益诉讼案件亦适用该原则,由败诉原告全额负担,在法律适用上并无不当,但在情理上显失公平。这种不公平会给公益诉讼带来冷却效应,影响诉权实现,不利于维护公共权益,进而阻碍公益诉讼的发展。目前公益诉讼中原告诉讼费用负担存在的具体问题主要包括:立法之间出现冲突;检察院提起的公益诉讼,诉费由国家负担不合理;诉讼费用昂贵;法官减免诉讼费用随意性大。对此需采取明确诉讼费用的性质,规范立法主体;建立不同主体适用同等诉讼费用负担的机制;转移败诉原告负担诉讼费用的方式,即建立公益诉讼费用保险制度和公益诉讼救助基金;约束法官减免诉讼费用的权力。

The cost of scientific and reasonable litigation system can effectively guarantee the realization of the right to appeal,to ensure the effective operation of judicial work.The existing litigation expenses shall be burdened by the losing party according to the principle of civil litigation,and those cases also apply the principle of the plaintiff by the losing amount of the burden,the applicable law is not inappropriate,but in the sense of unconscionability.The unfair will bring cooling effect to the public interest litigation,influence the realization of rights,not conducive to the maintenance of public interests,and thus hinder the development of public interest litigation. At present,there are some specific problems in the burden of litigation in public interest litigation,mainly including：conflict between the legislature and the public interest litigation brought by the procuratorate; the burden of the country is not reasonable; the cost of litigation is expensive; judge relief litigation costs arbitrarily large.This needs to be cleared the cost of litigation,regulates the legislative bodies; the establishment of different subjects for the same legal cost rules; the transfer of the burden of litigation costs against the plaintiff,namely the establishment of public interest litigation insurance system and public interest litigation rescue fund constraint; the relief of litigation costs of power.