A Study On The Transition Of State Burden In The Reform Of Litigation Fee System

The litigation fee system not only affects the level of a country's protection of citizens' litigation rights,but also affects the operation of a country's litigation procedure and judicial system.The core problem of the litigation fee system is how to share the litigation cost between the state and the individual.In 2007,the State Council promulgated the Procedure for Payment of Litigation Costs and the subsequent judicial interpretations issued by the Supreme People's Court mean that the system of litigation fees in our country has begun to change from the individual bearing litigation costs to a larger proportion of the national burden.Firstly,starting with the overall structure of the litigation fee system,this paper sums up three aspects of the increasing trend of the national burden ratio,namely,reducing the litigation fee standard,setting up special procedures for litigation fees,and implementing "delayed,reduced and exempted payment" for vulnerable groups.On this basis,the author explores the reasons for the change of the system,and finds that there are both external reasons of the judicial system,such as the improvement of national economic strength and the practice of the concept of justice for the people.There are also internal reasons for the judicial system,such as the judicial organs hope to improve judicial credibility on the basis of balancing the burden of the state and personal costs,and through the guidance of litigation fees to simplify the diversion of cases,improve judicial efficiency and ease the trial pressure of "more cases and fewer people ".Based on China's national conditions,the author makes a positive evaluation of the reform of litigation fees.However,the author also finds the following problems in judicial practice: the basis of litigation fees is not clear enough,the procedure of paying litigation fees in the first and second instance is not smooth enough,the horizontal adjustment of litigation costs between the parties is not in place,the punishment mechanism for abusing jurisdictional objection is not perfect enough,and the litigation mechanism is not perfect enough.The fee relief system is not comprehensive enough.In view of the above problems,the author puts forward corresponding improvement suggestions in the fourth part of this article,including refinement of the basis of litigation fees,optimization of procedure convergence,setting up horizontal adjustment,improving the punishment mechanism,and improving judicial assistance.