英文摘要 |
The revision of the Civil Procedure Law in 2021 took the separation of complicated and simple civil cases as well as the simplification of litigation procedure as the main target, achieving the first adjustment of lawsuit resources. However, whether the goal of this amendment can be realized still depends on the secondary adjustment of lawsuit resources which should motivate parties to make appropriate procedural choices through the mechanism of litigation fee and cost. In terms of lawsuit cost, the expense of simple procedure, small procedure and online litigation shall be minimized by imposing concessional standards; for cases using ordinary procedure, litigants should bear the litigation cost to the maximum extent to reflect the actual lawsuit cost. At the same time, it is also necessary to take into account the incentive and punitive function of lawsuit cost, establishing the fee standards as ''the loser bears for the principle and the abusive bears for auxiliary'', in order to balance the judicial supply and judicial demand. |