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按照最高院法函(1994)48号文件之规定,“凡执行法院作出的发生法律效力的判决、裁定和调解协议,均不收取申请执行费”。笔者曾见到过当事人对明明白白是人民法院判错了案件提出申诉时,在人民法院重新交费的要求面前只好撤回自己的申诉,笔者又曾见到过某些法院在依照《民事诉讼收费办法》所规定的标准收取诉讼费之外,又以其他费用的名义用白条形式加收诉讼费的三分之一或四分之一。 笔者手头存有两份《民事裁定书》。两份裁定书对驳回起诉案件诉讼收费的不同处理对题述问题颇具启发意义,笔者拟据此稍作深入论证。 第一份民事裁定书处理的案件是一起依据消费者权益保护法所提起的赔偿之诉,按照诉讼标的额原告人预交的案件受理费为
According to the letter of the Supreme People’s Court (1994) No. 48, “no enforcement fee will be charged for any judgment, ruling and mediation agreement that is legally effective by the court.” I have seen the parties plainly blatantly the case of the people’s court made a complaint, the people’s court in the face of the requirement of re-payment had to withdraw their grievances, the author has seen some courts in accordance with the "civil litigation fees In addition to collecting the litigation fees according to the standard stipulated in the Measures, one third or one quarter of the costs of litigation shall be levied on white tape in the name of other expenses. The author has two copies of Civil Ruling. The two rulings of dismissal of litigation charges dismissed the prosecution of different cases on the subject quite inspiring, I would like to make a little further in-depth argument. The case handled by the first civil ruling was a complaint filed jointly with the Consumer Protection Law, and the admissibility fee for cases pre-paid by the plaintiff in accordance with the amount of the litigations