Observation And Consideration On Implement Effect Of Actual Legal Fare System

Reformation of legal fare system is not only coming down to fare type of legal charge, account means and adjusting of correlative judicial policies, but also coming down to the problem that how to rationalize courts' finance system. Any reformation on this system, will bring domino offect on every tache, and will make far-reaching effect on courts' judicial work and parties' action. The "rules on paying of legal fare" makes a great change on intrinsic legal fare system, greatly reduces the paying standard of legal fare in the field of cases on the people's livelihood, expands the scope of cases which are charged with pieces, regulates type of cases which should not be charged, enhances judicial assistance, effectively alleviates the burdens of parties, brings strong resound in society. But, with the implement of "game theory", courts, especially grass roots courts are facing the phase that the number of cases growing by leaps and bounds, and under the pressure of expenses guarantee; to get rid of such a pretty pass, both courts and judges are in the wind of "playing chess", which greatly do harm to the judicial function, the construction of judicial team and even the rights of parties. To find out the reasons of forward problem, penmen not only makes a deep and thorough compare between new and old legal fare systems, but also makes a deep analysis and reconsideration to the actual problem from the aspect of legislation system, finance function system, microcosmic construction of rules. Finally, on the base of observation and analysis, penmen puts forward the way of solving forward hardness and problem: to construct more reasonable legal fare system, on the advancing of the reformation of legal fare system, we should not only consider on the parties' ability of affording the burden, to enhance the protection of parties' basic right of appeal; but also should fully consider the justness of legislation, rationality of rules and validity of relative system, to insure the implement effect of such system. Thus, our legal fare system can reach the "win-win" effect on ensuring the plebs to access the justice successfully and good function of justice.