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长期以来,司法界普遍认为:裁决由败诉方负担诉讼费用,就是对败诉人的一种惩罚,对胜诉人的一种支持及合法权益的良好保护.因此,在财产案件中,诉讼费用如何负担,就成为谁胜谁败的一个标准(调解结案的除外).法院对当事人一方诉讼请求的支持及诉讼费用承担的裁决,就理所当然地制裁了败诉方侵犯胜诉方合法权益的行为,从而全面地保护了当事人的合法权益.殊不知:正是司法实践中以此观点所形成的习惯做法,使得一些案件的裁决,忽视了有关诉讼损失的保护问题;也正是这个问题的长期被忽视,导致产生了诸多弊端和危害.笔者为此略陈管见,以期与同仁商榷一
For a long time, the judiciary has generally held that the decision that the losing party bears the costs of litigation is a punitive measure against the losing party, a kind of support for the winning party, and a good protection of the lawful rights and interests. Therefore, in litigation, how is litigation costs , Which became a winner or defeat of a standard (mediation ended the case.) Court of the parties to a party’s request for support and litigation costs borne by the ruling, of course, sanctions the losing party infringes the lawful rights and interests of the winning party’s law, so comprehensively Protect the legitimate rights and interests of the parties.It is not known: it is the practice of judiciary practice formed from this point of view, making some cases of the award, ignoring the protection of litigation on the issue of protection; it is also the long-term neglected this issue, resulting in A lot of drawbacks and harms I see this slightly, with a view to discuss with my colleagues