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民事诉讼费用制度的设立关系着公民诉讼权的保障,民事诉讼模式和民事诉讼目的是影响一个国家民事诉讼费用构成及收取标准的主要因素,我国采取的“法官中心制”的诉讼程序和“解决纠纷”的诉讼目的,使当事人负担高额的诉讼费用,影响了公民诉讼权的保障。文章对影响我国诉讼费用标准的因素重新定位,认为我国民事诉讼模式应采用职权主义模式与当事人主义模式的结合;民事诉讼目的应是创造实体,使公共受益。新《诉讼费用交纳办法》总体上降低了诉讼费用标准,但相对于西方法治发达国家,有必要对我国现有的诉讼费用标准再做适当降低。
The establishment of civil litigation fee system is related to the protection of civil litigation right. The model of civil litigation and the purpose of civil litigation are the main factors that affect the constitution and collection standard of civil litigation costs in a country. The litigation procedure of “judge center system” “Dispute resolution ” litigation purpose, so that the parties to bear the high costs of litigation, affecting the protection of civil litigation rights. The article repositions the factors that affect the standard of litigation costs in our country. It holds that the combination of power mode and party mode of civil litigation should be adopted in our country. The purpose of civil litigation should be to create entity and make public benefit. The new Measures for the Payment of Litigation Costs generally reduce the standard of litigation fees, but it is necessary to make the appropriate reduction of the current litigation cost standard in our country compared with that of the developed countries under the rule of law in western countries.