1. It is clearly stipulated in the contract that if it is clearly stipulated in the contract, the plaintiff may claim that the lawyer's fees shall be borne by the defendant when the contract is valid. If the agreed lawyer's fee meets the relevant provisions of the local lawyer's fee standard, and the actual payment voucher is provided, the court shall support it.
2. Legal basis for the creditor to exercise the cancellation right: Article 74 of the Contract Law, if the debtor abandons its due creditor's rights or transfers the property for free, thus causing damage to the creditor, the creditor may request the people's court to cancel the debtor's behavior. If the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the assignee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior. The scope of revocation right is limited to the creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor. Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (No.19 [1999]) stipulates that 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; If the third party is at fault, it shall share it appropriately.
3. Legal basis for stopping trademark infringement: The reasonable expenses paid for stopping trademark infringement as stipulated in Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (Fa Shi [22] No.32) and Article 56, paragraph 1, of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent for investigating and obtaining evidence of trademark infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
4. Legal basis for stopping copyright infringement: Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes (Fa Shi [22] No.31) and the reasonable expenses paid for stopping copyright infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses paid by the obligee or entrusted agent for investigating and obtaining evidence of copyright infringement. The people's court may, according to the litigant's claim and the specific case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
5. Legal basis for stopping patent infringement: Article 65 of the Patent Law stipulates that the amount of compensation for patent infringement shall be determined according to the actual loss suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. Article 22 of Several Provisions of the Supreme People's Court on the Application of Laws in the Trial of Patent Dispute Cases (Fa Shi [215] No.4) If the obligee claims that he has paid reasonable expenses to stop the infringement, the people's court may calculate the compensation amount in addition to that determined in Article 65 of the Patent Law.
6. Legal basis for stopping the infringement of unfair competition: Paragraph 3 of Article 17 of the Anti-Unfair Competition Law stipulates that the amount of compensation for operators who have suffered from unfair competition shall be determined according to the actual losses they have suffered due to infringement; If the actual loss is difficult to calculate, it shall be determined according to the interests obtained by the infringer due to infringement. If the business operator maliciously commits an act of infringing on business secrets, and the circumstances are serious, the amount of compensation may be determined at more than one time and less than five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
7. The legal basis for the creditor to realize the creditor's rights from the guarantor: Article 21 of the Guarantee Law, and the scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing the creditor's rights. Unless otherwise agreed in the guaranty contract, such agreement shall prevail. Where the parties have not agreed on the scope of the guarantee or the agreement is unclear, the guarantor shall be liable for all debts. The expenses for realizing creditor's rights may include reasonable attorney's fees.
8. Legal basis for stopping information network infringement: Article 18, paragraph 1 of Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Personal Rights and Interests by Information Network (Fa Shi [214] No.11), the reasonable expenses paid by the infringed person to stop the infringement can be recognized as property losses as stipulated in Article 2 of the Tort Liability Law. Reasonable expenses include the reasonable expenses of the infringed or the entrusted agent to investigate and collect evidence of the infringement. According to the request of the parties and the specific case, the people's court may calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
9. Legal basis for bringing a consumer civil public interest litigation: Article 18 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Consumer Civil Public Interest Litigation Cases (Fa Shi [216] No.1) states that the plaintiff and his litigation agent can support the reasonable expenses, appraisal expenses and reasonable lawyer's agency fees for investigating and obtaining evidence of infringement according to the actual situation.
1. Legal basis for bringing environmental civil public interest litigation: Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Environmental Civil Public Interest Litigation Cases (Fa Shi [215] No.1), if the plaintiff requests the defendant to bear the inspection and appraisal fees, reasonable attorney fees and other reasonable expenses for litigation, the people's court may support it according to law. Article 15 of the Supreme People's Court's Opinions on Comprehensively Strengthening the Trial of Environmental Resources and Providing Strong Judicial Guarantee for Promoting the Construction of Ecological Civilization (Fa Fa [214] No.11) reasonably determines the burden of litigation costs. When the plaintiff wins the case, the plaintiff can be ordered to bear the reasonable attorney's fees, investigation and evidence collection fees, appraisal and evaluation fees and other expenses. Article 28 of "the Supreme People's Court's Work Standard on Hearing Environmental Public Interest Litigation Cases (Trial)" (April 1, 217) stipulates that if the parties reach a mediation agreement or reach a settlement agreement by themselves, the people's court shall announce the contents of the agreement on the bulletin board of the court, the official website of the people's court against whom the lawsuit is filed or other corresponding media, and notify the department responsible for environmental protection supervision and management. The announcement period is not less than thirty days. A mediation agreement or settlement agreement shall generally include the following contents: (1) A specific plan to confirm that the defendant has committed environmental pollution and ecological destruction and to stop the implementation of environmental pollution and ecological destruction; (two) for the ecological environment that has been damaged, it is clear that the defendant should bear the responsibility for environmental restoration; (three) to determine the environmental restoration plan, the implementation and supervision subject of environmental restoration, and the specific amount and payment object of environmental restoration expenses; (four) for the loss of the ecological environment service function, the amount of compensation that the defendant should bear is clear; (5) If the plaintiff requests an apology, it shall clearly make a written apology in the influential media; (6) Determining the inspection and appraisal expenses borne by the defendant, the reasonable attorney's fees of the plaintiff and other reasonable expenses for litigation.
11. Legal basis for bringing compensation for ecological environment damage: Article 14 of Several Provisions of the Supreme People's Court Municipality on Trial of Compensation Cases for Ecological Environment Damage (Fa Shi [219] No.8), if the plaintiff requests the defendant to bear the following expenses, the people's court will make a judgment according to the specific case: (1) emergency disposal expenses incurred by implementing emergency plan and taking reasonable prevention and disposal measures to prevent the occurrence and expansion of ecological environment damage; (two) expenses for the investigation, inspection, appraisal and evaluation of compensation consultation and litigation expenses for ecological environment damage; (3) Reasonable attorney fees and other reasonable expenses for litigation. 12. Article 22 of "Several Opinions of the Supreme People's Court on Further Promoting the Simplification and Diversion of Cases and Optimizing the Allocation of Judicial Resources" (Fa Fa [216] No.21) when there are false litigation and malicious litigation, etc., guides the parties to conduct rational litigation in good faith. Intensify the crackdown on dishonest litigation such as false litigation and malicious litigation, give full play to the leverage of litigation fees and lawyer fees to regulate the litigation behavior of the parties, and urge the parties to choose appropriate ways to resolve disputes. If the parties have obvious misconduct such as abuse of litigation rights and delay in undertaking litigation obligations, resulting in direct losses to the other party or the third party, the people's court may support the legitimate request of the innocent party to compensate reasonable lawyer fees according to the specific circumstances.
13. Legal basis for not participating in mediation without justifiable reasons or having obvious malice, which leads to no fault in mediation: Article 15 of Opinions of the Supreme People's Court and the Ministry of Justice on Launching Pilot Work of Lawyer Mediation (Si Fa Tong [217] No.15), to leverage litigation costs. If the parties reach a settlement agreement and apply for withdrawal of the lawsuit, the people's court shall waive the legal fees. If the parties reach a mediation agreement through mediation in litigation, the people's court may charge the litigation fee by half. If one party fails to participate in mediation without justifiable reasons, or if mediation fails due to obvious malice, the people's court may support the innocent party's legitimate request for compensation for reasonable lawyer fees according to the specific circumstances.
14. Legal basis for arbitration of disputes: Article 52 (2) of the Arbitration Rules of China International Economic and Trade Arbitration Commission (215), the arbitration tribunal has the right to award that the losing party should compensate the winning party for the reasonable expenses incurred in handling the case according to the specific circumstances of the case. When the arbitration tribunal decides whether it is reasonable for the losing party to compensate the winning party for the expenses incurred in handling the case, it shall specifically consider the ruling result of the case, the complexity, the actual workload of the winning party and/or agent, and the disputed amount of the case. Article 52 (4) of the Arbitration Rules of Beijing Arbitration Commission (219 Edition), the arbitration tribunal has the right to order the losing party to compensate the winning party for the reasonable expenses incurred in handling the case, including but not limited to attorney's fees, preservation fees, travel expenses, notarization fees, etc. When determining the above fees, the arbitration tribunal shall take into account relevant factors such as the verdict of the case, the complexity, the actual workload of the parties or agents, and the disputed amount of the case. According to Article 61 of the Arbitration Rules of Shanghai Arbitration Commission (213 Edition), the arbitration tribunal has the right to decide that the party at fault should compensate the observant party for the reasonable expenses incurred in handling the case. Article 74 (3) and (4) of the Arbitration Rules of China Guangzhou Arbitration Commission (215): "The arbitral tribunal has the right to award the losing party in the award to compensate the winning party for the reasonable expenses (including lawyer's service fees, preservation fees, notarization fees, etc.) incurred in handling the case". "If the winning party requests the losing party to bear the lawyer's service fee for handling the case, the arbitration tribunal shall make a ruling considering the relevant factors such as the ruling result of the case, the complexity, the actual workload of the attorney and the disputed amount of the case. If both parties have agreed on a specific amount and are represented by a lawyer, such agreement shall prevail, but it shall not exceed 15% of the winning amount at most; If there is no agreement between the two parties, the amount of support for the actual lawyer service fee shall not exceed 15% of the winning amount at most. "
15. Legal basis for traffic accident, medical accident and personal injury compensation (Shanghai area only): Notice of Shanghai Higher People's Court on Printing and Distributing Several Specific Opinions on the Trial of Civil Cases (No.44 [2] of Shanghai Gao Famin) 14. Can lawyer's fees be used as compensation for losses? We believe that the so-called loss refers to the loss of property interests brought to the victim by the illegal behavior of the breaching party or the injurer. Lawyer's fees should belong to property interests in nature, and can be regarded as losses in principle, but they cannot exceed the scope that the offender or the defaulting party should foresee. In view of the fact that there are two kinds of lawyers' fees at present: fees according to regulations and fees according to agreements, we believe that if the lawyer's fees determined through consultation between the victim and the lawyer are higher than the relevant regulations, the higher part can be considered to be beyond the scope that the offender or the defaulting party should foresee, and the excess part should not be supported.
16. Legal basis for laborers' rights protection in labor disputes (limited to Shenzhen area): Article 58 of the Regulations on Promoting Harmonious Labor Relations in Shenzhen Special Economic Zone stipulates that if the laborers win the arbitration and litigation cases of labor disputes, the attorney's agency fees paid by the laborers can be borne by the employer, but the maximum amount is not more than 5, yuan; The part exceeding 5, yuan shall be borne by the laborer.