参加民事诉讼,进行起诉、应诉、上诉等一系列诉讼活动,诉讼当事人必然要支出交通、食宿、以及为聘请律师或其他诉讼代理人的费用,此外,还必然要承受因参加诉讼活动误工所造成的工资、报酬或营业收入等方面的损失,本文将上述诉讼当事人为参加诉讼活动而必然付出的费用和所承受的经济损失,统称为参讼费用。这是由于败诉方的行为而使胜诉方额外遭受到的经济损失。 然而,在我国现行法律体系中,并无任何法律文件或法律条文对此进行规范,法学理论界,也几乎没人将这问题明确、完整地提出来探讨过。在审判实践中,人民法院由于没有明确的法律依据,往往在裁判时不能对此作出处理。上述状况,并不符合我国法律切实保障 Participate in a series of litigation activities including litigation, litigation, appeals and appeals, litigants will inevitably have to pay for transportation, food and accommodation, as well as fees for hiring lawyers or other litigation agents. In addition, they will inevitably have to bear the costs of engaging in litigation Caused by the wages, remuneration or operating income and other losses, this article will participate in the litigation activities of the litigants must pay the costs and the economic losses sustained, collectively referred to as participating costs. This is an additional economic loss suffered by the winning party due to the actions of the losing party. However, in our current legal system, there is no legal documents or legal provisions to regulate this. In the legal theory circle, almost no one has explicitly discussed this issue completely and completely. In the trial practice, the people’s court can not handle this issue because of the lack of a clear legal basis. The above situation does not accord with the actual protection of our country’s laws