论诉讼费下调后人民法院面临的帕累托改进.pdfVIP

38 2 ( ) Vol. 38, No. 2 2008 3 Journal of Zhejiang University(Humanities and Social Sciences) Mar. 2008 论诉讼费下调后人民法院面临的 帕累托改进 董国庆 ( , 310012) [ ] , , ! : , , ; , , , , ; ! , , , [ ] ; ; ; Pareto Improvement Confronting the Courts with owered itigation Costs Dong Guoqing (The H igh P eop les Court of Zhej iang P rovince, H angz hou 310012, China) Abstract: ∀The M easures for the Payment of Litigation Costs∀, promulgate by the State Council on December 30, 2006, substantially low ers litigation costs. Meanw hile, it specifies the separate management of the income an expen iture of litigation costs. H ow ever, most local financial epartments link up financial fun s allocate to courts w ith their income of litigation costs, i. e. the source of the courts fun s inclu es both allocate fun s from the government an their income of litigation costs. Consequently, courts lan in the prisoners ilemma game of struggling for profits: on the one han , they have to bargain w ith the government for more allocate fun s; on the other, they conten w ith litigants for more litigation costs. Low ere litigation costs give rise to a grow ing number of cases to be taken up by courts. Un er the current financial allocation system, the courts shoul take incentive measures to all litigants, in or er to achieve Pareto Improvement. Such measures inclu e: promoting trial transparency to help litigants pre ict their litigation profits, thus a substantial proportion of cases can reconcile of itself; supporting the eman that legal costs be pai by the losing party to make legal costs be restricte w ithin the parties, thus the lawyer may play a more important role; as the courts save their c