The concept of refund and several situations of refund. Refund in litigation is the balance of the money paid in advance and settled by the parties to the people's court, that is, the part of the legal fees paid in advance by the parties that exceeds the actual amount to be paid is returned to the parties, as the name implies. How to refund the legal fees? In practice, the refund is as follows: 1. After the parties file a lawsuit, the court pays a certain fee in advance. After the case is closed, the difference less than the prepaid amount shall be returned to the parties according to the amount determined in the judgment document. 2. After the plaintiff has paid the legal fees in advance, the judgment shall be borne by the defendant after the trial by the court, and the people's court shall return it to the plaintiff after the defendant has paid the fees. 3. In a case of second instance, if both parties pay the legal fees on appeal, the winning party may directly refund the fees according to the principle that the expenses shall be borne by the losing party according to law. 4. After one party pays the appeal legal fees, the other party shall bear and pay the judgment and ruling fees, and return them to the appellant, otherwise it will be handled after entering the execution stage. 5. In the lawsuit, the parties voluntarily apply to withdraw the lawsuit and handle 50% of the refund amount. 6. If both parties appeal in advance, if the case is tried, both parties shall bear it and the difference shall be returned to the parties. 7. After mediation, both parties reached an agreement to bear the legal fees agreed in the agreement and the part that should be refunded. 8. Refund in other cases. Scope of payment of litigation costs Article 6 The litigation costs that the parties should pay to the people's court include: (1) the fees for accepting cases; (2) application fee; (3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court. Article 7 The fees for accepting cases include: (1) the fees for accepting cases of first instance; (2) Fees for accepting cases of second instance; (three) the retrial case, according to the law of our court, need to pay the case acceptance fee. Article 8 No case acceptance fee shall be charged for the following cases: (1) Cases tried in accordance with special procedures stipulated in the Civil Procedure Law; (2) Cases that are ruled to be inadmissible, rejected for prosecution and rejected for appeal; (3) An appeal case that refuses to accept or reject the prosecution and the ruling of objection to jurisdiction; (4) cases of administrative compensation. Article 9 According to the trial supervision procedures of the Civil Procedure Law and the Administrative Procedure Law, the parties concerned do not pay the case acceptance fee. However, the following circumstances are excluded: (1) Cases where the parties have new evidence sufficient to overturn the original judgment or ruling and apply to the people's court for retrial, and the people's court decides to retry after examination; (2) A case in which the parties have not appealed against the judgment or ruling of the people's court of first instance, but the judgment or ruling of first instance or the conciliation statement has become legally effective, and the people's court decides to retry the case after examination. (a) to apply for the enforcement of legally effective judgments, rulings and conciliation statements of the people's courts, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents endowed with enforcement effect by notarization institutions according to law; (2) Applying for preservation measures; (3) Apply for a payment order. (4) applying for publicity; (five) apply for cancellation of the arbitration award or determine the validity of the arbitration agreement; (6) filing for bankruptcy; (7) Application for maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens; (eight) to apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions. Article 11 The transportation, accommodation, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court shall be collected by the people's court according to the standards set by the state. When copying case files and legal documents, the parties concerned shall pay fees to the people's court according to the actual cost. Article 12 In the course of litigation, the people's court decides that the expenses incurred for appraisal, announcement, inspection, translation, evaluation, auction, sale, warehousing, storage, transportation, ship supervision, etc. shall be paid directly to the relevant institutions or units by the parties according to the principle of who advocates and who bears, and the people's court shall not collect and pay on behalf of them. The people's court shall, in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law, provide translation of the spoken and written languages commonly used in the local countries without charge.
Legal objectivity:
Measures for payment of litigation fees
Article 6
The litigation costs paid by the parties to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
Measures for payment of litigation fees
Article 29
The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.