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《诉讼费用交纳办法》大幅度降低了与普通民众生活密切相关的案件的诉讼费征收标准,对解决老百姓打官司难问题、构建社会主义和谐社会有极其重要的意义。然而,任何制度都不可能尽善尽美。该规定可能因为缺乏必要的配套措施而对我国现阶段的司法资源结构的均衡带来各种不利影响,使这一被誉为民本思想在司法领域完美体现的制度的功能难以得到实现。文章运用法经济学理论分析诉讼费用制度改革的必然性,并就具体配套措施的构建提出若干设想。
The Measures for the Payment of Litigation Costs have drastically reduced the collection rates of litigation fees for cases closely related to ordinary people’s lives and are of great significance to solving common lawsuits and building a socialist harmonious society. However, any system can not be perfect. This provision may have various adverse effects on the balance of the judicial resources structure at the present stage in our country because of the lack of the necessary supporting measures, which makes it hard to realize the function of this system, which is honored as the foundation of the people-based ideology in the judicial field. The article analyzes the inevitability of the system reform of litigation costs by using the theory of law and economics, and puts forward some tentative ideas on the construction of specific supporting measures.