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我国古代的讼费制度始于西周,后因缺乏明文法律的规制,讼费的收取沦为了衙门敛财的工具,成为我国古代法律中的一项陋规。清朝末期,西方法制进入中国,深刻地影响了古代中国法制发展的方向。其中,参照日本法制定的《天津府属试办审判章程》是近代意义的中国诉讼费用征收的起点。清政府灭亡后,在国民政府时期和新民主主义革命时期,诉讼收费制度得到了进一步发展。新中国成立后,我国的诉讼费用制度又经历了无偿诉讼时期、建立与统一发展时期以及调整与完善时期。在上述三个时期中,诉讼费用的产生背景、表现形态、制度特点和注重功能各有不同。
In ancient China, the system of costs began in the Western Zhou Dynasty. However, due to the lack of legal regulation of the plain language, the collection of legal costs reduced the money-collecting tool of the Yamen and became a bad rule in ancient Chinese law. In the late Qing Dynasty, the entry of Western legal system into China profoundly affected the development of ancient Chinese legal system. Among them, referring to the “Statute of Tianjin Provincial People’s Procuratorate” stipulated by the Japanese Law is the starting point for the collection of litigation fees in the modern sense in China. After the demise of the Qing government, the system of court charges was further developed during the period of the Kuomintang government and the new-democratic revolution. After the founding of New China, the litigation cost system of our country has experienced the period of gratuitous litigation, the period of establishment and unification development, and the period of adjustment and improvement. In the above three periods, the background, form of performance, institutional features and functions of litigation costs are different.