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于2007年4月1日开始实施的《诉讼费用交纳办法》对司法系统与民间社会均产生了深刻影响。但是,需要指出的是,我国现阶段的诉讼费用制度还不够完善,关于参加之诉的第三人与本诉当事人之间就如何分配诉讼费用的问题面临“无章可循”的司法适用障碍。本文通过对诉讼费用的法经济学思考以及第三人诉讼制度法理的综合考量,对完善我国第三人诉讼形态下的诉讼费用分配制度提出可行性建议。
The “Procedures for Payment of Litigation Costs”, which came into force on April 1, 2007, have had a profound impact on the judicial system and civil society. However, it should be pointed out that the system of litigation costs in our country is still not perfect. The third party who participated in the litigation and the parties to the litigation face the problem of how to allocate litigation costs. Applicable obstacles. This article puts forward feasible suggestions on perfecting the system of the distribution of litigation costs under the third-person litigation in our country through the legal and economic thinking of litigation costs and the third party litigation system jurisprudence.