比较法视野中的民事诉讼救助

民事诉讼救助制度的构建与完善主要体现了民事诉讼费用的保障功能,它既不是对诉讼平等原则的背离,也不必然排斥民事诉讼费用制度的惩罚功能.在比较法的视野中,我国现行民事诉讼救助制度的显著特点是实现方式具有多样性,但它还应在法律渊源、申请主体、申请要件、审查裁判和裁判撤销等五个方面实现改进.

Civil Procedural Salvation in the View of Comparative Law

The setting and the reform of the system of civil procedural salvation materialize the safeguarding function of civil procedural fee chiefly,aren't opposite to the principle that the parties should be treated equally in civil proceeding and don't ostracize the disciplinary function of civil procedural fee.In the view of comparative law,the system of civil procedural salvation in existence in our country regards the fact that there are many patterns to carry out this system as its distinct character.It would be better in following five aspects: sources of law,applicant,requisite of application,examination and judgment and the withdrawal of judgment.