What are the specific payment rules for attorney fees?
1. The existing provisions on legal costs are only applicable to some fields, and cannot be understood as the losing party. There is a legal basis for the wrong party to bear legal costs;
2. Whether to hire a lawyer is the right of the parties concerned, not a necessary act. The court will not change the outcome of the case because of whether the parties hire a lawyer or not, so there is no necessary causal relationship between hiring a lawyer and bringing a lawsuit;
3. China's current relevant regulations do not completely unify the charging standards for lawyers, and the parties and entrusted lawyers can negotiate on their own, so it is difficult for the court to define the accuracy of charging;
4. The losing party's legal fees may also lead to malicious competition among lawyers, which is not conducive to the current legal system construction in China.
To sum up, in the case of contract disputes, the creditor exercises the right of cancellation. According to the law, the necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor, and if the third party is at fault, it shall be appropriately shared.
Legal basis:
Article 29 of the Measures for Payment of Litigation Fees
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.
Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall accordingly change the decision of the people's court of first instance on the burden of litigation costs.
Article 31 In a case where an agreement is reached through mediation by a people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.