诉讼费用制度对民事调解影响的实证研究报告

Empirical Study of the Impacts of the Litigation Fee Regnlation to Civil Mediation

实证研究表明,调解案件减半交纳案件受理费并未如预期一般对民事调解发挥良好的促进作用,法院确定诉讼费用负担时做法不一,影响司法权威。为此,法院应引导当事人合理评估诉讼预期与诉讼成本,促进当事人对诉讼费用的负担协商一致。如果当事人不能协商一致,法院应当根据确认之诉、变更之诉、给付之诉的不同特点,合理确定诉讼费用的负担。对鉴定、公告、勘验、翻译等费用的负担应参考案件受理费的决定方案予以分配,并适当考虑引起评估、鉴定、勘验的原因;对于诉讼费用在共同诉讼人之间的分配,还应考虑共同诉讼的原因;在案外人参加调解达成调解协议时,案外人承担责任的,也可决定由案外人承担全部或者部分诉讼费用;调解案件中,无独立请求权的第三人承担责任的,可以决定由其承担诉讼费用。

To study the working situation of litigation cost system in civil mediation,we found that half pay in mediation cases is not able to work as expected.And the courts confirm the litigation costs without a specific and consistent basis,and this result in a destroy on the rule of law and the judicial authority since there are too many kinds of standards in litigation costs.Therefore,parties need to be guided to evaluate the costs of trials in a reasonable way so that they can easily reach an agreement.If they cannot agree with each other,the court should take the charge of assuring the costs according to the different features of declaratory judgment,alteration litigation and delivery litigation.It should refer to the fees for accepting the cases when considering the costs on authentication,announcement,inquisition,translation and so on.And the reasons lead to evaluation,authentication and inquisition also need to be considered.In terms of the distribution of litigation costs among the joint litigants,the reason for joint action should be completely considered.If an outsider ought to be responsible for the case after mediation is concluded,the outsider can be also responsible for the litigation costs in whole or in part.If a without-right third party is responsible for a mediation case,he or she also may pay the costs.