Our administrative litigation on

Problems and suggestions of administrative litigation fee system

Abstract: according to our current legal consciousness of people on the concept of gradually increased, more and more people begin to seek legal protection. There are many inadequacies in administrative litigation cost system existing in our country, administrative litigation costs is an important system in administrative litigation, in order to rationality of state revenue will talk about the cost of litigation. The rationality of its largely reflects a country's level of safeguard that people enjoy. With the reform of the judicial system in China continues to advance, the current administrative litigation costs system has been increasingly unable to meet the needs of the reality of development, its limitations are increasingly growing. For example: China's "people's court fees" will exist a lot of problems. Litigation fee: administrative, civil no way already can not adapt to the development of modern market economy. Imminent reform of the administrative system of litigation fees, how to reform the administrative litigation, this paper starts from the theory of administrative litigation fees under the modern judicial idea, analysis of the current situation of legislation of our country administrative litigation cost system and evaluate the system, find out the existing problems of administrative litigation cost system, and improve the system of our country administrative litigation cost of the proposed:1,Overview of administrative litigation;2,Current situation of administrative litigation feesThe defects and shortcomings;3,Proposed changes in administrative litigation fees;

Key word: overview of administrative litigation expenses the legal basis for the administrative litigation fee systemAdministrative litigationDefects and status systemAdministrative litigation fees in the amendmentsAdministrative litigation costs, the formulation and implementation of recommendations.

One, overview of administrative litigation

Administrative litigation fee refers to the administrative proceedings, shall pay and pay a certain amount to the people's court costs. Administrative litigation, the prevailing view refers to the administrative relative person and administrative subject of dispute in the field of administrative legal relationship according to the people's court proceedings, the people's court legitimacy of administrative actions in accordance with legal procedures and review of administrative body, and to determine the relative people claim is ready when, a judge. In order to facilitate the formulation, based on the "people's court charges" shall prevail:

According to the "Civil Procedure Law (Trial)" article eightieth, article 178th, article 190th, the provisions of article 200th, administrative litigation has been established. The Supreme People's court in 1982, 1989 two times successively promulgated the "the people's court litigation fees", so that the charge system of administrative litigation more specific.

Proceedings the plaintiff, according to the "Regulations of the people's court fees" of paying the fee for accepting the case. Administrative case acceptance fee according to the following standards for:

(1) the administrative case of public security, to pay 5 yuan to 30 yuan per piece; (2) the patent administrative case, pay 50 yuan to 400 yuan per piece; (3) other administrative cases, to pay 30 yuan to 100 yuan per piece.

Disputed the amount, according to the standard fees to pay property cases, namely: less than 1000 yuan, each to pay 50 yuan; more than 1000 yuan to 50000 yuan, according to the 4% of pay; more than 50000 yuan to 100000 yuan, according to the 3% of pay; more than 100000 yuan to 200000 yuan, according to the 2% of pay; more than 200000 yuan to 1000000 yuan, according to the 1% of pay; part of more than 1000000 yuan, according to the 0.5% of pay.

The parties to administrative cases, except to the people's court to pay the fees for accepting the case, shall also pay the following fees:

(-) inspection, identification, announcement, translation (except for local common national language, text) fee;

(two) the witnesses and expert witnesses, interpreters in the decision of a people's court date in the transportation, accommodation, living costs and delays subsidies;

(three) adopt preservative measures in litigation fee and the actual expenses;

(four) enforcement of judgment, ruling or mediation agreement of actual expenses.

The three categories of fees are collectively referred to as administrative litigation fee (generalized), and the first kind of charge is called administrative litigation fee (in narrow sense). Such as administrative litigation not specified in this paper refers to the three charge fees, namely generalized on administrative litigation fee. And various fees have clear standards, litigation costs are generally fixed cost of lawsuit litigant inevitable. The provisions of its connotation and the litigation cost system is closely related to the.The litigation expense is generally fixed cost of lawsuit litigant inevitable. The provisions of its connotation and the litigation cost system is closely related to the. According to the "Chinese encyclopedia / Law" interpretation, "generally speaking, the litigation costs shall refer to the various costs of litigation expenses. It includes all expenses shall be paid by the state, is the litigant to the court to pay for legal costs, the necessary action. Litigation costs include two categories: case acceptance fee and shall be borne by the parties concerned the nature of the former is the revenue of the state, as the treasury income; the latter by a court for compensation, for the actual expenditure.

"The people's court litigation fees" the administrative litigation fees and charges Become in civil litigation, both can be mutually general levy. Administrative litigation and civil litigation fees charges as would be the case for non property cases and cases involving property. Non property cases by a levy; property case ④, the amounts involved and the price collection by proportion. Non property cases of administrative litigation expenses by a levy is not difficult to understand, but the property case collection by proportion is a little too attached to the charge system of civil litigation. In any case it is the rule of law, the legal basis in the accepting cases to follow it to charge. Litigation cases it belongs to that category, which is in litigation, legal basis, e.g.:All administrative cases in dispute is the subject of the specific administrative act is legal, rather than property problem. The amount or the price administrative cases involved in property is a specific administrative act of the consequences, rather than administrative litigation dispute problem itself. It cannot be viewed as administrative cases involving property; then the administrative costs of its standard is clear

The implementation of administrative litigation fee system and reflects the party's legal status in administrative litigation equality are not necessarily linked, some people think that the establishment of the administrative litigation, charge litigation fees, reflects the legal position of the parties in administrative litigation is equal. Because of the specific administrative act, the parties of the entity status is different. A party to the administrative body has administrative rights, the other party is the relative person of the administrative main body management, the two sides belong to the administrative relationship. The rights and obligations of both parties are not equal, so the two sides in the entity of legal relations, both sides in the legal status of unequal parties. Therefore the implementation of administrative litigation cost the principle of equality in administrative proceedings, it is more important. This fully reflects the nature of our legislation of equality before the law and the protection of citizens legal thought and the organization's legitimate rights and interests.

The implementation of administrative litigation fees system does not necessarily make the administrative subject to exercise their powers to promote administration according to law. Administrative litigation costs charged to the administrative subject to exercise their powers according to law, to promote administration according to law, an important reason is: the administrative subject subject to economic constraints, in order to achieve the purpose of administration by law. This is in fact the confusion of a concept, namely the administrative main body property ownership shall belong to the state or to whether the administrative subject. If the administrative subject property belongs to the administrative subject all words, and can reflect the administrative lawsuit charging punitive, promote administrative organs exercise their functions and powers. If the administrative subject property belonging to the nation, the loss is still the country, thus may not be able to promote the administrative subject to administrative powers, administrative law. The implementation of administrative litigation fee system, is conducive to safeguarding national sovereignty and economic interests, is the principle of national sovereignty to a misunderstanding.

I think the national sovereignty is a state's inherent right, is the country most important property, for the performance of the highest domestic and foreign independent right right. Some of the practices of foreign, should critically accepted. Because whether the charge system of administrative litigation is one of the country's work, is a country on the highest weight representation. Can't say a no administrative litigation countries have detrimental to national sovereignty. In the administrative procedure involving foreign interests we can to safeguard national sovereignty and economic interests according to the principle of reciprocity.

Defects and shortcomings of current system of administrative litigation fee of two

In addition, administrative litigation fee standard of our country, without considering the particularity of administrative litigation, civil litigation fees completely copy mode, will be divided into property and non property case case. Non property cases by a levy, levy property cases according to a certain proportion of the value of the property, the greater the amount, the higher the cost. Theoretically speaking, the judicial practice of administrative litigation cases will be divided into property and non property cases will not work, because the legitimacy of the object of the legal relation of administrative litigation all are the specific administrative act, rather than a guest member as civil legal relations in property, can be divided into: customer and non property class object. So the charge system of administrative litigation should reform current. But for the litigation cost additional problems, abuse problems, so I think that administrative litigation fee and the current deficiencies should be improved, divided into four smaller expansion. You must first clearThe relationship between the cost of administrative litigation countries undertaking system.

1.Establishing and perfecting the administrative litigation cost the state liability system;

Administrative litigation will actually not like civil procedure that solves the equal civil rights and civil obligations controversy, which can solve the specific administrative action of the administrative subject to administrative legal relationship is legal, the right or obligation problem in administrative litigation, so there will be a party is the administrative main body on behalf of the state the exercise of administrative power. In other words the national administrative rights, obligations of the ultimate owners or bearer. The relative administrative litigation purpose because legal flaws of its specific administrative act that the administrative main body, is a form of it as the masters of the country ", therefore in the administrative litigation in administrative litigation costs shall be borne by the state, the administrative litigation cost countries undertaking system.

As the object of administrative litigation and administrative litigation or non litigation cases of administrative execution of law in administrative law, but the administrative French public law, the maintenance of national and public interests of public order, public rights, public confusion will result in a complete legal system of chaos. The public nature of the administrative law also determines the administrative litigation fees should not be like the civil litigation, the litigation costs shall be borne by the parties according to the principle of fault. (the establishment of administrative public prosecution system is a better way, the cost of litigation undertaken by the state and relative administrative private prosecution together constitute the administrative lawsuit mode).

The people's court for judicial organs of the specific administrative act of administrative supervision, is its duty, namely the state organs of state supervision, is a state organ internal affairs, litigation cost reasons of national treasury payment. If borne by the parties concerned, it is not reasonable. Only to reverse the unreasonable system of litigation cost countries.

The specific administrative action of the administrative subject sometimes make is difficult to value or amount and the amount is huge, such as land, water, forest, beach, rare cultural relics. These cases such as in value or price ratio to calculate the tax administrative litigation costs, the cost either relative or administrative body have to bear, especially the administrative subject as the State Department is not a business or commercial units, the unit of administrative acts of property will not be all. The huge cost of the final undertaker is still the national finance, clearly this administrative litigation fees are unreasonable, still is just a huge administrative litigation cost shift from one account to another account in the national finance internal. The cost of litigation is still indirect outcome of the broad masses of the people to bear. So the charge system of administrative litigation in China with civil litigation fees considerably in nature. Administrative litigation in administrative litigation is not reflected, safeguarding the public interests such as public rights of its own characteristics.

2.Perfect the national litigation cost recovery system

The cost of administrative litigation recovery refers to the administrative litigation, administrative litigation or non litigation administrative cases in the implementation process, the litigation costs incurred, the state has the right to demand compensation responsibility of the relevant personnel. It includes the state of the plaintiff, the defendant, third person of administrative litigation cost recovery. Whether the parties for the administrative main body as the standard. The cost of administrative litigation recovery can be divided into the cost of litigation to recover non administrative body and the administrative body, litigation cost claim. The non administrative body in administrative litigation cost recovery, the litigation costs shall be borne by the non administrative body, the litigation cost recovery of administrative subject, the responsibility to implement the relevant direct responsibility. Only in this way can really reduce the national financial expenditure, reduce the burden of the masses.

In modern society, we discuss the procedure function, operation cost can't neglect litigation system. Because the judge, the court is limited, to maintain justice, the court's budget is limited, to start and the decision every time the judicial process will consume resources. Some policy considerations, country or a portion of the trial costs into the cost of litigation, or a portion of the cost of litigation to trial costs, if the former litigation fees collection, if the latter court bear part of investigation, forensics expenses. The litigation cost sharing theory have all the burden on taxpayers, the beneficiary burden said the two theories. The former view, the court itself is people and businesses to pay taxes to set up and maintain, as a state court for taxpayers to handle disputes is a matter within one's duties, because the required funds all activities of the court, and the judge assistant personnel salary are covered by the government budget. Obvious performance is France, Spain's "judicial free" principle and American adopted a piece rate low amount of charge system of symbolic. The latter is that parties bear responsibility, in general support trial system from the economy as taxpayers, but also because of the judicial system, won the state provides a dispute resolution service, must also bear part of the cost, otherwise it is not fair to other taxpayers. Also, "if the parties use trial system without having to pay the price, it may lead to some people abuse complaints occur, an important role of the beneficiary pay principle is can inhibit the excessive litigation" [4]

Administrative cases in the process of handling cases of the parties, except to the people's court to pay the fees for accepting the case, shall also pay the following cost is the need to improve:

(-) inspection, identification, announcement, translation (except for local common national language, text) fee;

(two) the witnesses and expert witnesses, interpreters in the decision of a people's court date in the transportation, accommodation, living costs and delays subsidies;

(three) adopt preservative measures in litigation fee and the actual expenses;

(four) enforcement of judgment, ruling or mediation agreement of actual expenses.

The above four must pay, but also may be in the case the plaintiff and defendant additional costs. But the pay is unknown. Is in accordance with the law or in accordance with the status of human?? These will make money make people helpless. We all know that the implementation of administrative litigation fees system does not necessarily reduce the state financial expenditure, reduce the burden of the masses. Some people think that the people's courts shall be the settlement of administrative disputes between the relative person and administrative subject, after all it is a part of the parties themselves. Put a few people spend the cost of litigation pack down by the state, increased spending, thereby indirectly increased the people's burden, is obviously unreasonable. The implementation of administrative litigation fee system, can reduce the state financial expenditure, reduce the burden of the masses. But instead of letting people know from the scales of justice, the normal fees must be paid, not to replace the law. Enhanced people's awareness of the law and administrative litigation fee increase transparency, let people be rule-based, law. For example: second, traffic and accommodation fee standard is and how much should be clear and complete.

Some scholars believe that the establishment of the administrative litigation is beneficial to enhance the legal awareness of citizens, legal persons and other organizations, to prevent the abuse of litigious right. "The civil procedural law (Trial)" and "administrative procedure law" stipulates shall be borne by the losing party litigation costs, both sides have a responsibility shared by the parties. This provision has some punitive in nature, can be on the abuse of right of action in economy class administrative relative person to certain constraints, this is one; second, to receive administrative litigation costs can also urge the parties to seriously his action, so as to prevent disputes, reduce wound v., prevent v. tired. As the establishment of administrative litigation reasons, restricted the basic rights of citizens suspected to be perfect.

But an objective fact that can not be ignored is -- when administrative subject as the administrative relative people of administrative subject to specific administrative act or losing or partly losing, doesn't reduce the state financial expenditure, reduce the burden of the masses. In our country, the people's court, the administrative body shall not engage in production and business activities, is a non-profit organization, the funds are from state financial allocations, the property of the state. When both parties win or lose or win or lose, part of part of its commitment to the litigation costs, will also paid by the national finance. Seeing from the surface, the implementation of administrative litigation fees, the people's court loss in administrative litigation costs seem to get up, but actually because of people's courts and administrative funds from the national finance, the administrative litigation cost final undertaker is still the country. The administrative subject to the people's court to pay the cost of litigation, the state finance, but from one account to another account. At the same time, the cost of litigation also indirectly transferred to the broad masses of the people. As the implementation of administrative litigation fees reasons, more to be discussed and improved.

However, the legal status of the parties equality does not based on whether or not to the people's court to pay legal fees for the standard, and to the two sides enjoyed in administrative litigation rights and obligations as the standard whether equality. The main purpose of administrative litigation fees to compensate for the loss of national litigation cost. It believes that the implementation of administrative litigation, the legal status of the parties can change before the lawsuit is not equal, embodies the equality before the law's view. I think that is biased. As the establishment of administrative litigation fee system reason is really draw a forced analogy. ThereforePerfect the national litigation cost recovery system is a pressing matter of the moment, China's criminal litigation charge system modifications to be imperative, let everybody can use of legal weapons to protect themselves.

3.Establishing and perfecting the litigious right abuse punishment,

Administrative litigation is a basic right of citizens, legal persons and other organizations, the right, but not abuse. Therefore in administrative litigation is necessary to establish the abuse of punishment system. In the establishment of abuse of litigious right punishment system, can refer to the following factors: one is the definition of abuse of litigious right. The definition should consider whether the specific administrative act of the administrative subject legal flaws, due to the plaintiff of administrative litigation purpose is for adults. Administrative cases in amount, the price itself has no size can not be used as a standard to determine the abuse of right of action. Specific forms of abuse complaints shall be in the form of legal provisions, should not be given to the people's court subjective. Two is the abuse of litigious right given to certain sanctions. The civil liability, the administrative responsibility, resulting in the loss of state property is huge, may be prosecuted for criminal responsibility. To know the law but break it punish with due severity,

China's "constitution" stipulates that the forty-first, "citizens for any state organ or functionary of illegal acts, complaints, charges or complaints rights" to the relevant state organs, administrative litigation system which is made in China, "one of the basis of the constitution of the administrative procedure law". Visible civil administrative litigation is a form of the realization of basic rights. The implementation of administrative litigation fee system, limits the basic rights of citizens in a certain extent. Second, abuse of litigious right standards unclear, the people's court to judge what is subjective intention of abuse of litigious right, highly scalable. As the saying goes, "the fly does not bite the seamless egg". If a specific administrative act of the administrative subject with no chink in one's armour, the administrative relative person will not make trouble out of nothing, the administrative relative person specific administrative act of the administrative subject is not or slightly dissatisfied and bring an administrative lawsuit as abuse of litigious right words, for fear of losing "administrative procedure law" legislative law. In fact, whether the administrative procedure law of the charge system and abuse of the right of action. For some rich people, administrative litigation charges, it still can abuse of litigious right.

One of the basic rights of administrative litigation is the citizens, is the embodiment of legal civilization of a country. In order to collect litigation costs as a condition of administrative litigation, is likely to lead to some people unable to pay or temporarily unable to pay the administrative litigation costs, and that their legitimate rights and interests are not court protection, so the administrative main body "anger" specific administrative acts infringe upon their rights and interests, there is nowhere Shen. The embarrassing situation. That kind of people is diaomin "anti people" thought to be "for the people" concept change. Let everyone is equal before the law is not an empty word to establish a complete set of abuse of litigious right punishment system

Three,Administrative litigation fees in the amendments

SoMust first be clear that the people's court to collect litigation costs, not to meet the need of trial for the purpose of. The people's court is the judicial organs of the state, the exercise of state has jurisdiction, states have the obligation to ensure the realization of the judicial authority and judicial work smoothly, in other words, the state has the obligation to meet the people's courts exercise the judicial authority of the state basic needs for people, property, fabric. The ultimate purpose of charge litigation fees is to prevent the abuse of litigation behavior, reduce v.tired, saving judicial resources and legal justice. In the current litigation system, to reduce the people's court for its direct cases of investigation and evidence collection work, and litigant investigation workload increases inversely proportional to. The high cost of litigation, will let many citizens and step back, way back to seek other to solve the problem, the implementation will obstruct the procedure to a certain extent according to the law and procedure law, damage the national civil lawsuit system image of justice and judicial authority. Seen from "means to pay the cost of litigation" seventh chapter "the management and supervision of" litigation fees, the State Council will actually cost of litigation as administrative charges to treat. If the cost of litigation as administrative fees, shall be formulated by the State Council administrative regulations, by the judicial organ to perform, except in a legal sense, "trouble will bring in practice". However, existing problems in administrative litigation fees to present their views and suggestions:

1,The application execution fee, also have to pay a fee "". Do not think that the said fees, the parties "lawsuit" can smoothly down. During the trial, the case was won the award, and has legal effect. But, the other party does not perform the entry into force of the award, but, you have to go to court for compulsory execution. To apply to the court for compulsory execution, in accordance with the provisions, the need to pay the case acceptance fee is much lower than the enforcement application fee. But in practice, the court executive personnel to perform both parties to accompany, fare, travel is the actual burden. The court charged that "real expenditure" firmly into the court of the "small exchequer" this is should take ti. He can not only increase the transparency of laws, can also prevent corruption phenomenon. So I think:

In the discussion of administrative litigation fees, the establishment of administrative litigation, we need not only elegant litigation fees. An overview of the establishment of the administrative litigation fees. Should also think about how to reduce the state financial expenditure, reduce the burden of the masses. To enhance the legal awareness of citizens, legal persons and other organizations, to prevent the abuse of litigious right. The administrative organs exercise their functions and powers, to promote administration according to law. To embody the parties in the legal status in litigation equality. Is conducive to safeguarding national sovereignty and economic interests. Really let everyone can use legal weapons to defend themselves, everyone can afford a lawsuit, fully embodies the equality before the law.

2,"Value is useful. The value of law is usually understood as positive significance reflected in the relationship between man and law in the law or usefulness. Therefore, only when the law correspond with and can meet the needs of the people, the value relation between human and law, the law has a value." [6] for certain provisions of a law or law, the value of the evaluation criteria usually in compliance with the order, freedom, justice standards. Fee charge standard cases, are subject to "other expenses". Filing lawsuits, the first party should pay the case acceptance fee. The cost of collection is in accordance with the nature and scale of the ratio of the amount of litigation to the charge, is the "price tags". However, at the same time, on the court people also pay a fee, the name is "other expenses", as if it contains what project, no one can answer, there is no need to answer, but if do not pay the fee cannot stand up. At this point should be strengthened What can be carried out, legal aid, let everyone can pick up the legal weapons, which not only to defend the dignity of the law and defend human rights.

Implementation of fees transparent: "because the litigation fees and charges are performed and closely related to the interests of the parties to the case, therefore, for the related file charges, the specific content of the parties involved and the files are very sensitive. Accordingly, we can do it through the public and promoting justice, through the transparent justice." [12] first, to formulate and adjust the range of fees and standards of behavior should be transparent. Especially on litigation fee adjustment range and standard should be put an end to "black box operation" approach, must adopt an open way to listen to the views of all sectors of society, so that the parties to the case and the social from all walks of life "know the score", but also convenient for the public to supervise the court fees. For the documents, to charge the scope and standards should be open and transparent. Once again, the fees and list the concrete should be open and transparent, the emergence of the parties for the fees and the "to reflect" or even "complain" cases in the judicial practice, most of the judiciary fees is not open, fees unreasonable. The judge is as non twists and turns of the court, adhere to the principle of open and transparent, to regulate their own daily behavior is more important.

3,Litigation costs unreasonable. According to the provisions of the people's court to pay litigation costs "measures", the parties to administrative cases in the people's court to pay the case acceptance fee and other kinds of litigation costs. The court almost all the administrative trial costs are passed on to the party. The court after the occurrence of the winning party, apply to the court for execution, regardless of how the implementation of, must first pay the enforcement application fee. At present, "difficult to execute" background, is essentially a court will be the implementation of risk transfer to the prevailing party. In addition, in the second case, the second instance the case acceptance fee is usually associated with a trial court is still equal, according to a review of "the amount in dispute" charge the fees for accepting the case. If both parties to appeal, the court of second instance respectively to the parties to collect the fees for accepting the case, the actual is the same case received double the fee for accepting the case, that doesn't make any sense. Should be improved to let everyone in front of the law the real equality.

4,The court fees are security, successful party prepaid expenses but were unable to recover. Case case. In accordance with the provisions of the parties, the court should pay the fees for accepting the case back to the party. However, almost all of the court's practice is from the losing party to honor the award money buckle out party pay the case acceptance fee. If the party does not have the capacity to perform award. Then, the case acceptance fee and successful people miserable: not only do not back up the loss, instead of expanding the loss. Because, the court did not refund the case acceptance fee. Is not a reasonable place, people do not know what is the real rights, let a person cannot from winning is not seen in the victory of the light.

"When our system of litigation expenses, in fact really hinder a portion of the people are legally entitled to seek legal protection rights, prove that our system does not truly reflect the interests of the masses and justice. If therefore the parties to solve some other way to find the dispute, is the betrayal of the justice." [8] undoubtedly increased the litigants of the actual cost of litigation. Proceedings must pay litigation costs, litigation costs, and reducing free, easing conditions apply legal aid harsh, complex procedures difficult, not to pay litigation costs as a case, on the other hand, the lawyer is the agency cost depends on the charge of the parties for the occupation groups, the cost of a lawyer more not less, can not slow. So, many citizens for expensive litigation costs were barred from the people's court gate. To reduce the economic burden of litigants, let the parties engage in a lawsuit, voluntarily to the court to seek legal protection, the full realization of the right to freedom of choice of litigation and non prosecution is the people's court to collect litigation costs system of free value task.

5,Don't repeat charging case execution fee, fee. This will make people feel difficult to engage in a lawsuit, no money can not play the lawsuit, instead of using legal weapons to protect themselves. Carry out the judicial relief system: "cost of litigation assistance is produced with the appearance of welfare and market economy countries. As early as in 1921, the German Wei Ma Republic began a government funded expense in litigation assistance program, then England, Holland, New Zealand, Norway and other countries through the cost of litigation legal aid law." [11] in the welfare countries, since the person has obtained court and lawyers to help social welfare rights, then for the group or those not wherewithal to pay the cost of litigation of people, nation or society should give play to economic help, the proceedings become possible. Then we should be how to provide litigation fee to the indigent parties, I think the case clear legal citizens are unable to pay the legal fees, should give free legal aid.

Mainly on the basis of charge system of administrative litigation in the present is "civil procedural law (Trial)" and in accordance with the law of the people's court "fees" and its supplementary provisions. From the "Regulations of the people's court fees", the administrative litigation fees system basically is the charge system of civil litigation. Because of the civil litigation and administrative litigation is not only the quantity of different, also has the obvious difference in quality, the reasonable nature of the current administrative litigation legal basis and standards for the collection of information. Step back and say, even the reason for establishing administrative litigation system, but the charge current is also questionable.

The current "the people's court litigation fees" is based on the 1982 "civil procedural law (Trial)" and the development of the. Because the method has failed. The 1989 "people's court fees" law basis will be failure, so that the "base court litigation fees" has been a fundamental shake. Without the skin, hair stand, the "legitimacy" is a deliberate way. In the "administrative procedure law" the implementation of 11 years and the "Civil Procedure Law" the implementation in 10 years this year, "the people's court litigation fees" still remains the same, can not be said to be a man-made regret. Administrative litigation fee standard is the current "the people's court proceedings" unreasonable charges.

Develop means to pay the cost of litigationBelongs to the category of judicial functions, rather than administrative functions within the transaction, legislation should not come in the form of administrative rules, and by the NPC Standing Committee on the law to establish. According to international practice, litigation cost standard and sharing mode, but also by the parliament or the judiciary to develop. If our means to pay the cost of litigation by the NPC Standing Committee to develop, or by the NPC Standing Committee authorized to judicial departments, the court charge litigation fees behavior, by the Standing Committee of National People's Congress (or procuratorial organs have the right to supervise the implementation of the Procuratorate law) to supervise, so many problems can be smoothly done or easily solved, also can pass from the legal principle theory of law.

The above is my on the current administrative litigation fees view, existing problems, and how to improve and suggestions. Of course, there are many imperfections and shortcomings, learn from teachers and everyone's help and advice. To explore how to better improve our administrative litigation fee system and standard, safeguard the interests of the state to reverse the existing administrative litigation fees unreasonable place. Legislative character reflect China's equality before the law and the protection of citizens legal thoughts and organizations of the legitimate rights and interests in the legislation. Really do pick up the legal weapons to equality before the law is not an empty phrase.

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