英文摘要 |
This article examines the system design grounds for collecting the ''Referee Fee'' before the current prosecution: to prevent people from indulging in litigation or appeals, reducing disputes over rights and obligations, supervising obligors to perform their obligations, using the court's consideration and reducing the expenses of the treasury, the collection of Referee Fees is a violation of the people's power, whether in line with the Constitution, Article 16 of the people's right to sue and Article 23 of the proportion of the principle requirements. In order to review the constitutionality and necessity of this system design, this article examines the current civil litigation in China, including the three steps of the review of the basic right, the legal and economic analysis of the dynamic behavioral science and the interpretation of the litigation, the Referee Fee collection of the constitutionality and the rationality of the purpose of policy legislation. This paper argues that the prosecution before the collection of ''Referee Fee'' to the amount of price, from a comparative point of view, there is arguable place. In this proposal, in order to protect the people's litigation rights and reduce the cost of using the court, it is necessary to revise the provisions of the current litigation standard, and make suggestions to facilitate the people to use the court to resolve the dispute, which will help the establishment of the rule of law |