诉讼费用负担问题研究论文论文.docVIP

Abstract we can definite meanings of the expense in litigation and the burden of the expense in litigation as below: the meaning of the expense in litigation is all the direct and necessary consumption spent in actual lawsuit process, which includes the expense for trial of the court, the expenses and lawyers fee which will be spent reasonably and necessarily in lawsuit by the parties. the meaning of the burden of expense in litigation is that the court and the parties, the parties distribute the the expense in litigation in according to some principles and criteria in the end of the lawsuit. The expense of litigation and the burden of the expense of litigation will happen in the process of lawsuit whether they are civil lawsuit, administrative lawsuit or criminal lawsuit. But because of the differences of the natures of three lawsuits, the issues about the expense of litigation and the burden of the expense of litigation for three lawsuits are different. The civil lawsuit is the lawsuit solving the disputes between the equal parties whose direct effects are individual cases but sometimes there are some indirect social functional effects. So the expense of litigation should be distributed between the country and parties or in the parties. As far as the administrative lawsuit, it is mainly that a citizen assists the administration to correct the faults to maintain his own reasonable rights in case of being encroached by illegal administrative actions by forwarding a lawsuit. Therefore, the country should undertake the most expenses of litigation in the lawsuit, specifically during constituting the system, as a primary principle, the expenses of litigation will be collected by unit, sometimes being collected for free is advocated. However, for the expenses in the litigation in criminal lawsuit procedure, the main issue is to determine the responsibility in the procedure of the suspect who is accused as a defendant and sentence him the punishment. So in criminal procee