论文部分内容阅读
民事案件当事人除交纳诉讼费外,还须为准备诉讼、参加诉讼支付交通费、住宿费、律师代理费等,并要因参加诉讼影响正常工作而减少收入.对诉讼费的承担法律己有明确的规定,即由败诉方承担.对当事人因诉讼支出的交通费、住宿费等是否由败诉方承担则无明确的法律规定.审判实践中,虽有将交通费、住宿费等作为“间接损失”判令败诉方承担的做法,就总体而言当事人必要的诉讼支出是否应由败诉方予以补偿、补偿责任的划分与确定、补偿程序等问题并未明确.以下笔者就上述问题谈几点粗浅的看法.
In addition to paying litigation costs, the parties to a civil case must also reduce their income for the preparation of litigation, participation in litigation to pay for transportation expenses, accommodation fees, lawyer’s agency fees, etc., and to bear the legal work for the litigation costs Stipulates that borne by the losing party on the parties due to litigation expenses travel expenses, accommodation costs borne by the losing party is no clear legal provisions .In trial practice, although there are transportation, accommodation and other expenses as an “indirect loss” The lawsuit of the losing party is ordered to determine whether the litigation expenses necessary for the litigants should be compensated by the losing party as a whole and the problems such as the division and determination of compensation liability and the compensation procedures are not clear. view.