2. What expenses should be paid for the lawsuit?
1. Court case acceptance fee
2. The lawyer's agency fee for the case
If the plaintiff wants to hire an agent ad litem to appear in court, the fees charged by lawyers in civil and commercial cases vary from place to place, but the minimum will not be less than 1000 yuan. Lawyers' case agency fees are also divided into first-instance agency fees, second-instance agency fees and execution agency fees.
3. In the course of litigation, the expenses of relevant application matters such as preservation fees shall be collected by the people's court according to the application of the parties and the corresponding standards.
4. After winning the case, the defendant fulfilled the judgment in time and did not need to apply for enforcement procedures. You can save the execution fee paid in advance. If the defendant can't perform the contents determined by the judgment, then it will involve execution. When applying to the people's court for enforcement, the applicant shall also pay the relevant fees in accordance with the Measures for the Payment of Litigation Fees.
If you win the lawsuit, you can get the money in court as soon as possible. Otherwise, it is difficult to predict.
However, if the defendant hires a lawyer to defend him and the plaintiff wins the case, then the plaintiff can be required to pay the corresponding lawyer's fee at this time.
The lawyer's fee shall be borne by me and the legal fee shall be borne by the losing party. Generally speaking, in the indictment, the plaintiff will ask the defendant to bear the litigation costs of this case. Even if the plaintiff doesn't mention it, the judge will judge the losing party to bear the consequences according to the principle that whoever loses the case will bear the consequences, which will not be determined until the case is heard.
Three. Under the following circumstances, it is forbidden to charge risk agency fees
1. Criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
2. Marriage and inheritance cases.
There were 3 cases requiring social insurance benefits or minimum living security benefits.
4. Requesting to pay alimony, alimony, alimony, relief, industrial injury compensation and personal injury compensation caused by traffic and medical accidents.
5. Cases of requesting payment of labor remuneration.
Four. The relevant provisions clearly stipulate that the lawyer's fees shall be borne by the losing party.
1. In case of contract dispute, the creditor exercises the right of cancellation.
2. Copyright civil dispute cases
3. Trademark civil dispute cases
Five. There are different ways to bear lawyer's fees in civil litigation in different countries around the world. There are three main modes to bear the lawyer's fees in civil litigation all over the world:
First, the losing party undertakes the model, which is mainly represented by some civil law countries such as France and Germany, as well as Britain and other countries.
The second is the model with the United States as a typical representative, with individual commitment as the main and special application as the supplement.
Third, take responsibility for each other and make clear the exception mode, with Japan as the representative.
legal ground
Measures for payment of litigation fees
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand 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%;
If the acceptance fee of the first-instance case is calculated as 200 million yuan, you should pay 300 yuan in advance. If one party refuses to accept the judgment of the first instance and starts the procedure of the second instance, it shall pay the acceptance fee of the first instance in advance.
(2) Non-property cases
1. Divorce cases, each case 10-50 yuan, involving the division of property, the total amount of property does not exceed 10000 yuan, without additional charges; If it exceeds 1 10,000 yuan, the excess shall be paid as 1%.
2. 50 yuan to 100 yuan per case of infringement of the right to name, name, portrait, reputation and honor.
3 cases of infringement of patent rights, copyright and trademark rights, each pay 50 yuan to 100 yuan; The disputed amount shall be paid according to the charging standard of property cases.
4. Labor dispute cases, each from 30 yuan to 50 yuan.
5. For other non-property cases, 10 pays 50 yuan in each case.
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.
The Supreme People's Court's explanation on some issues concerning the application of law in the trial of copyright civil disputes:
"Article 26 The reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 49 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement.
The people's court may, according to the claims of the parties and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "