公益诉讼费用分担方式的构建

公益诉讼费用是公益诉讼必然面临的问题,其合理与否极大地关系着人们享受法律保障的程度。但公益诉讼往往诉讼成本高,导致公益诉讼难以取得理想的预期效果,而现行的诉讼费用分担方式并不能完全适应公益诉讼的发展需要。因此,应从被告方分担、受益者分担、国家分担三方面入手,通过设立公益诉讼奖励基金以及费用移转支付的方式,建立起一个与公益诉讼理念相契合的公益诉讼费用分担方式。

Construction of the Cost Sharing in Public Interest Litigation

Public interest litigation expense is an inevitable problem, whether it is reasonable or not is greatly related with the degree of people who enjoy legal protection. However, public interest litigation is often high cost of lawsuit, which is hardly to obtain an expected result. Furthermore, the existing legal system of litigation expense cannot completely meet the need of the development of public interest litigation. Therefore, in order to set up a reasonable way of the cost of the lawsuit sharing, we suggest to do as follows; the cost should be borne by the defendant, the nation and the beneficiaries, then establish public interest litigation reward fund and transfer payment, which fits in with the concept of public interest litigation.