当前，我国迈入全面建成社会主义现代化强国的新征程，公民法治意识不断提升，民事案件数量激增，诉讼费用作为当事人提起诉讼的必要成本支出，对当事人的诉权行使具有重要影响。随着民事法律关系的日渐复杂化，当事人的诉讼请求日益多样化，案件判决结果多出现部分胜诉、部分败诉的情况，诉讼费用计算及分担问题愈发繁杂。然而，我国的相关制度规定主要集中于2007年实施的《诉讼费用交纳办法》及以该办法为基础的地方性规定中，内容较为笼统，忽视了部分胜诉民事案件诉讼费用计算及分担的特殊性，已无法满足时代发展及司法实践的需要。

本文从我国部分胜诉案件诉讼费用计算及分担的现状入手，通过规范分析法和实证研究法，分析现有制度规定和实践情况，总结部分胜诉案件中诉讼费用计算及分担的实践困境，并提出完善设想。本文主要包括六个部分：第一部分是绪论，阐述本文的研究意义、研究现状与创新之处。第二部分是现状考察，聚焦本文的研究目的，将本文研究范围界定为涉请求额的给付之诉，梳理关于部分胜诉民事案件诉讼费用计算及分担的制度性规定，并对实践中诉讼费用的计算及分担情况进行考察。第三部分阐明现实困境，归纳为两个层面：制度层面，存在案件受理费计算的总额规定无理化、诉讼费用计算的类别规定宽泛化、诉讼费用分担的法律规定笼统化、诉讼费用分担的救济规定表面化等问题；实践层面，面临诉讼费用计算器涉及情形片面化、诉讼费用计算的最终结果偏向化、诉讼费用分担的适用原则分歧化、诉讼费用分担的适用理由模糊化等挑战。第四部分是相关理论，将部分胜诉案件分为“诉讼请求不当导致的部分胜诉”及“诉讼请求恰当导致的部分胜诉”两种类型，并阐述诉讼费用计算理论和分担理论，旨在为解决现实困境提供理论支撑。第五部分聚焦改革完善的目标，对现实困境提出完善设想。制度层面的解决方法主要为增加法院核定诉讼标的价额程序、调整特殊案件诉讼费用确定思路、优化诉讼费用分担的具体方式、健全诉讼费用分担的救济规定等内容，实践层面的探索方案主要从细化诉讼费用计算的算法设置、改变诉讼费用计算的总额依据、调整诉讼费用分担的适用原则、公开诉讼费用分担的适用理由等方面着手。第六部分为结语，基于前文分析，结合当前《民事诉讼法》修改的背景，得出完善《诉讼费用交纳办法》相关内容以调节司法资源整体配置的结论。

At present, China has entered a new journey of building a modern socialist power in an all-round way, citizens' awareness of the rule of law has been continuously improved, the number of civil cases has soared, and litigation costs, as a necessary cost for parties to initiate litigation, have an important impact on the exercise of the parties' litigation rights. With the increasing complexity of civil legal relations, the parties' litigation claims have become increasingly diversified, and the judgments of cases have often been partially won or partially lost, and the calculation and sharing of litigation costs have become more and more complicated. However, China's relevant institutional provisions mainly focus on the Measures for Payment of Litigation Costs implemented in 2007 and the local regulations based on the Measures, which are relatively general in content, ignoring the particularity of the calculation and sharing of litigation costs in some successful civil cases, and can no longer meet the needs of the development of the times and judicial practice.

This article starts from the current situation of the calculation and sharing of litigation costs in some of the successful cases in China, analyzes the existing institutional provisions and practice through normative analysis and empirical research, summarizes the practical dilemma of the calculation and sharing of litigation costs in some of the successful cases, and proposes ideas for improvement. This paper consists of six parts: the first part is the introduction, which explains the significance of this paper, the current status of the research and the innovation of this paper. The second part is a survey of the current situation, focusing on the purpose of this article, defining the scope of this article as a claim for payment, sorting out the institutional provisions on the calculation and sharing of litigation costs in some successful civil cases, and examining the calculation and sharing of litigation costs in practice. The third part illustrates the practical dilemmas, which are summarised in two levels: at the institutional level, there are problems of unjustified provisions for the calculation of the total amount of case costs, broad provisions for the calculation of categories of litigation costs, generalised legal provisions for the allocation of litigation costs, and superficial provisions for the relief of litigation costs; at the practical level, there are problems of one-sidedness in the circumstances involved in the calculation of litigation costs, bias in the final outcome of the calculation of litigation costs, and a lack of clarity in the application of the principles of litigation costs, In practice, the calculator faces challenges such as the one-sidedness of the situation, the bias of the final result of the calculation of litigation costs, the divergence of the applicable principles of litigation costs sharing, and the ambiguity of the applicable reasons for litigation costs sharing. In the fourth part, the theory of partial success is divided into two types: "partial success due to improper claims" and "partial success due to proper claims", and the theory of litigation costs calculation and the theory of contribution, with the aim of providing theoretical support to solve the practical dilemma. This section provides theoretical support for the resolution of real-life difficulties. The fifth part focuses on the goal of reform and improvement, and proposes ideas for improving the real-life dilemma. The institutional solution is to increase the procedures for the court to approve the price of litigation, adjust the idea of determining litigation costs in special cases, optimise the specific ways of sharing litigation costs, and improve the relief provisions for litigation costs sharing. The first part of the report is a summary of the reasons for the application of contribution. The sixth part is the conclusion, based on the previous analysis, combined with the background of the current revision of the Civil Procedure Law, to improve the relevant content of the Litigation Costs Payment Scheme to regulate the overall allocation of judicial resources.