Since the2007Years4Month1The date of the implementation of the State Council "means to pay the cost of litigation"(Hereinafter referred to as "approach")Article thirteenth(Four)Provision: "the labor dispute cases each pay10Element." Rule fifteenth: "by mediation or the parties to apply for the withdrawal of the suit, half pay the case acceptance fee." Article sixteenth stipulates: "the summary procedure applies to the trial of cases by half to pay the case acceptance fee." Shenzhen City Intermediate People's court "about the State Council '' means to pay the cost of litigation issues related to the implementation of the directive opinion" tenth paragraph second: "according to the" Regulations "article fifteenth, article sixteenth, summary procedure applies to the trial of cases by mediation or the parties to apply for the withdrawal of the suit, in accordance with the litigation fees to pay 1/4 of the full." Shenzhen City Intermediate People's court "guidance" on Several Issues on the work of the28Regulation: "workers complaint or appeal of labor dispute cases, fees for accepting the case worker not; the conclusion of the case, shall be borne by the losing party, workers lost a lawsuit, the people's court in accordance with the application, can according to law shall be reduced or exempted by the workers corresponding burden of litigation costs; those who work in the complaint or appeal, not required to apply for exemption of litigation fee application procedures."

According to the above provisions, labor dispute cases in Shenzhen municipal court accepted the prosecution or the workers, are not paying the fee for accepting the case, and at the same time the workers lost a lawsuit, the people's court in accordance with the application, in accordance with the law to the labor burden of litigation costs to relief. But for the employer to prosecute or appeal will be paying the fee for accepting the case5Yuan Huo10Yuan, against the employer, you may need to pay2.5Element,5Yuan Huo10Yuan of case acceptance fee. Findings from the trial practice, the rules are not reasonable, need to be revised, for the following reasons:

A laborer, losing to labor dispute cases, workers often seldom take the initiative to pay should accept the fee burden, rarely to apply to the court for the case acceptance fee remission, mainly some workers once aware of adjudication result to the inconvenient to leave, plus the fees for accepting the case but the maximum10Element, it can not afford not, just do not want to pay, also do not want to apply for relief. This situation, in accordance with the provisions of the Supreme People's court "on the application of 'means to pay the cost of litigation' notice" provisions of the second paragraph of article third, "if the party concerned refuses to pay the litigation costs, the people's court shall enforce the." At the same time, according to the "Regulations of Shenzhen City Intermediate People's Court on the State Council '' means to pay the cost of litigation issues related to the implementation of guidance" in article nineteenth, the parties fail to judge documents within the time limit set for the burden of litigation fees, service tribunal shall transfer the case to the court directly the executive board(Tribunal)Enforce. The prevailing party to apply for legal enforcement, the enforcement court may entrust the accepted execution costs together(As in the same court with enforcement). At the same time, the litigation costs of enforcement cases separate provision case number. But we have found for failing to perform the payment obligation of labor dispute cases if the parties are in accordance with the provisions of the intermediate people's court enforced by the court, separate provision costs of enforcement cases, but found that the execution cost is much higher than that of shall be borne by the losing party to pay5Yuan Huo10Yuan costs, so that there are no enforcement against laws and regulations and the provisions of the superior court, damage the judicial authority, such as mandatory execution cost is much higher than that of workers are required to pay the cost of litigation, so that "the The loss outweighs the gain." embarrassing situation.

Two,2008Years5Month1The date of the implementation of "the people's Republic of China labor dispute mediation and Arbitration Law" fifty-third stipulates: "free labor dispute arbitration. Labor dispute arbitration committee of the fund shall be guaranteed by the government." "Measures" although the provisions of labor dispute cases each pay10Yuan, but because of the trial, the summary procedure applies to mediation, withdrawal and other circumstances, there will be a real pay2.5Element,5Yuan. Compared with the litigation expenses of transportation, attorney fees and court costs of handling labor dispute cases, the case acceptance fee almost negligible. To some extent, the nominal fee, not only can not achieve the sanctions violation of labor laws, improve the party illegal cost, is not conducive to safeguard the implementation of the law, resulting in such fees provisions, damages the seriousness of justice.

In conclusion, we suggest a higher court to the Supreme People's court asked the State Council to cancel the labor disputes litigation fees, with the labor arbitration does not charge system is consistent, but also can effectively avoid the embarrassing situation.