Legal analysis
The object of litigation is not the object of contract. The collection of legal fees is based on the subject matter of litigation. The object of litigation to confirm the invalidity of a contract alone is the validity of the contract behavior, not the litigation of property payment. The object of dispute between the two sides is not the increase or decrease of property interests, but the legality of civil acts. The Contract Law stipulates that the parties to an invalid contract shall return the property and compensate for the losses. However, this is the result of the invalidity of the contract, and its claim belongs to the independent litigation right of the parties, which should be claimed by the parties themselves. If the parties request to confirm the invalidity of the contract and make a request to return the property and compensate for the losses, such a request constitutes a lawsuit to pay the property, and the legal fees shall be charged according to the amount requested in the lawsuit. If the parties only want to confirm that the contract is invalid, and the court charges legal fees according to the subject matter of the contract, it is undoubtedly a violation of the litigation rights of the parties, because whether the parties want the other party to return or compensate is basically a matter for the parties themselves to decide. The court should not impose it on the parties, and can only abide by the principle of not suing and ignoring. After the contract is confirmed invalid, the parties can also negotiate automatically. If negotiation fails, whether the parties file a lawsuit for payment is their own business. If the contract is confirmed to be valid, it is also the creditor's own business whether the creditor continues to exercise the creditor's rights. Therefore, it is obviously illegal for the court to charge the lawsuit confirming the invalidity of the contract as a property case based on the subject matter of the contract or its own subject matter.
legal ground
Article 13 of the Measures for the Payment of Litigation Fees shall be paid according to the following standards: (1) Property cases shall be paid by installments according to the amount or price requested by litigation: 65,438+0. If the amount does not exceed 1 1,000 yuan, each piece shall be paid to 50 yuan; 2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%; 3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%; 4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%; 5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%; 6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%; 7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay; 8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%; 9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%; 10. For the part exceeding 20 million yuan, 0.5% shall be paid. (2) Non-property cases shall be paid according to the following standards: 1. Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%. 2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. 3. Pay 50 yuan to 100 yuan for each non-property case of the other party. (3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases. (4) Payment for each labor dispute case 10 yuan. (5) Administrative cases shall be paid according to the following standards: 1. Pay 100 yuan for each trademark, patent and maritime administrative case; 2. Every 50 yuan in other administrative cases. (6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.