50 yuan to 100 yuan per case of infringement of the right to name, name, portrait, reputation and honor.
Pay 50 yuan for each property case that is less than 1000 yuan; The part exceeding 1 1,000 yuan to 50,000 yuan shall be paid by 4%;
The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%;
The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%;
More than 200 thousand yuan to 500 thousand yuan, pay by time; The part exceeding 500,000 yuan to 6,543,800 yuan shall be paid at 654.38+0%;
Partial payment exceeding RMB 6,543,800+0,000.
For cases of infringement of patent rights, copyrights and trademark rights, 50 to 100 yuan shall be paid for each case, and the disputed part shall be paid according to the charging standard of property cases. If the case is applied for execution, and the execution amount or execution price is below 6.5438+0 million yuan, each piece shall be paid to 50 yuan;
1 10,000 yuan to 500,000 yuan, to be paid by time; If it exceeds 500,000 yuan, it will be paid.
Apply for litigation preservation measures, and if the amount or price of the preserved property is less than 1000 yuan, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid by 1%; More than 654.38+ten thousand yuan shall be paid.
The amount of consulting fees, appraisal fees, announcement fees and translation fees shall be calculated and paid according to the charging standards of relevant state departments; Travel expenses and lost time expenses of witnesses, experts and translators shall be paid by the parties concerned.
Second, ways to protect consumers' rights and interests.
1, settled through negotiation
After a dispute occurs, consumers and operators negotiate on issues related to the dispute, and on the basis of voluntariness and mutual understanding, through direct dialogue, state facts and reasons, distinguish responsibilities, and reach a settlement agreement, so that the dispute can be resolved. It is a quick and simple way to resolve disputes over consumers' rights and interests through consultation, which is an ideal way for consumers and operators. In fact, a large number of consumer rights disputes in daily life are solved in this way.
Legal basis for negotiation between consumers and operators
Article 34 of the Law on the Protection of Consumers' Rights and Interests clearly stipulates: "In case of consumer rights disputes between consumers and business operators, they can be resolved through the following channels: (1) through consultation with business operators;
(2) Requesting consumers' associations to mediate;
(three) to appeal to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court. "Item 1 of this article, that is," negotiated settlement with business operators ",is the legal basis for negotiated settlement between consumers and business operators.
When negotiating solutions, consumers should pay attention to the following issues:
In view of the operator's deliberate delay or unreasonable rejection of the consumer's proposal for settlement through consultation, the consumer should immediately take measures to resolve the dispute through other means. You can settle the dispute through complaint, appeal, arbitration or prosecution. Where the business operator intentionally delays or refuses unreasonably, which leads to the expansion of consumers' property losses, the business operator shall not only meet the normal requirements of consumers, but also be responsible for the expanded losses.
In view of the fact that the operators deliberately shirk their responsibilities and think that the product quality problem is the manufacturer's business, consumers are required to negotiate directly with the manufacturer. According to Article 35 of the Consumer Protection Law, "If the legitimate rights and interests of consumers are damaged when purchasing or using goods, they can demand compensation from the seller. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller. Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation. If the legitimate rights and interests of consumers are damaged when receiving services, they may demand compensation from the service providers. "Therefore, when consumers encounter product quality problems, such as operators shirking their responsibilities and thinking that it is a manufacturer's problem, consumers should have a sense of self-protection and cannot let manufacturers and operators play a' ball' in the middle. We should earnestly safeguard our legitimate rights and interests on the basis of legal provisions.
According to Article 24 of the Law on the Protection of Consumers' Rights and Interests, the operator refuses to take responsibility on the grounds of shop notices, statements and notices: "The operator shall not make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements and shop notices, or reduce or exempt his civil liability for harming consumers' legitimate rights and interests. Format contracts, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid. "Therefore, consumers must not be bound by in-store service rules or sales instructions when negotiating with merchants because of product quality and service problems. These service rules have no legal basis and no legal effect, and should be regarded as invalid rules.
2. Complaints and mediation
Definition of complaint:
Consumer's complaint refers to the behavior that consumers request the mediation of consumer rights protection organizations to safeguard their legitimate rights and interests after they have a consumer rights dispute with operators because of their daily consumption needs to buy or use goods or receive services. The Consumer Protection Law stipulates that consumer disputes can be settled through mediation by consumer associations.
Form of complaint:
Consumer complaints can be made by telephone, letter, interview and internet. But no matter what form it takes, the following contents must be made clear: First, the basic situation of the complainant. That is, the complainant's name, gender, contact address, contact telephone number, postal code, etc. The second is the basic situation of the respondents. That is, the name, address and telephone number of the defendant. The third is the time, brand, origin, specification, quantity and price of the goods purchased. The fourth is the specific situation of the damage, the time to find the problem and the process of negotiation with the operator. Fifth, shopping vouchers, warranty cards, copies of agreements, etc.
3. Administrative complaints
Definition of complaint
After a dispute arises between consumers and business operators, they may request the relevant administrative departments of the government to resolve the dispute in accordance with administrative procedures. Compared with other dispute resolution methods, complaints are efficient, fast and powerful. Article 34 of the Law on the Protection of Consumer Rights and Interests stipulates that consumers and business operators may appeal to the relevant administrative departments when there is a dispute over consumer rights and interests.
How do consumers complain?
When consumers decide to complain, they should submit it to the relevant administrative departments (such as health departments, inspection and quarantine departments, quality departments, industrial and commercial departments, construction departments, etc.). ) according to the nature of goods and services. Consumer complaints should generally be in written form, in duplicate, and specify the following items:
(1) Name, address, telephone number and postal code of the consumer;
(2) The name, address, telephone number and postal code of the respondent;
(three) the requirements, reasons and relevant factual basis of the complaint;
(4) the date of the complaint. When necessary, consumers can entrust an agent to carry out appeal activities, but they need to submit a power of attorney to the relevant administrative department.
After a consumer complains to the relevant administrative department, if a settlement agreement is reached through consultation with the operator, the consumer may withdraw the complaint and ask the relevant administrative department to make a conciliation statement according to the settlement agreement. If an arbitration agreement is reached with the operator, the complaint may be withdrawn and submitted to an arbitration institution for arbitration. If you want to solve it through legal channels, you can withdraw your complaint and bring a lawsuit to the people's court.
4. Bring a lawsuit (if the consumer and the operator have an arbitration agreement, they should apply for arbitration first, and then go to court if they refuse to accept the ruling).
Definition of bringing a lawsuit
If the legitimate rights and interests of consumers are infringed, they may bring a lawsuit to the people's court and request the people's court to conduct a trial in accordance with legal procedures. In China, litigation can be roughly divided into three forms:
(1) criminal proceedings;
(2) civil litigation;
(3) Administrative litigation.
The lawsuit brought by consumers because their legitimate rights and interests are infringed belongs to the category of civil litigation.
Legal conditions that must be met when bringing a lawsuit.
(1) The plaintiff must be a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.
A lawsuit that meets the above conditions will be accepted by the people's court.
This is the answer to "What is the standard for calculating the litigation cost of consumer rights protection?" According to the regulations, different types of litigation costs are different. If readers need assistance with other legal issues, they can consult. We have a professional team of lawyers who can help you.