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What are the costs for court prosecution?

When dispute negotiation is not smooth enough, litigation becomes an option to solve the problem. As a lawyer, the basic concept I usually instill in my clients is that litigation has costs, not just fees. There is also a time cost, which is a waste for all parties. Therefore, based on the interests of the parties concerned, the pros and cons must be weighed and a rational choice must be made. I have mainly compiled the costs of litigation for your reference.

The costs of litigation mainly include litigation fees and attorney fees.

1. Litigation fees

The fees charged by the People’s Court. Litigation fees are charged according to different standards based on the distinction between property cases and non-property cases:

1. Non-property cases refer to: such as divorce, infringement of citizens' right to portrait, right of reputation, etc. due to personal relationships or non-property cases. Litigation brought by property relations.

2. Property cases refer to lawsuits filed due to property rights disputes such as debt and economic contract disputes.

People's Court litigation fee standards:

Non-property type

1. For divorce cases, a fee of 300 yuan is required for each case; if property division is involved, if the total property does not exceed 200,000 yuan, no additional fee will be charged; if the total property exceeds 200,000 yuan, a 0.5 fee will be charged for the excess.

2. For cases of infringement of name rights, title rights, portrait rights, and honor rights, a fee of 500 yuan shall be paid for each case. When it comes to damage compensation, if the amount does not exceed 50,000 yuan, no additional payment is required; for the amount exceeding 50,000 yuan to 100,000 yuan, the amount is 1; for the amount above 100,000 yuan, the amount is 0.5. That is:

Under 50,000 yuan, 500 yuan per item.

RMB 50,000-100,000 × 1% + RMB 500.

More than 100,000 yuan ×0.5% + 1,000 yuan.

3. For cases of infringement of patent rights, copyrights, and trademark rights, if there is no amount in dispute, 1,000 yuan will be paid for each case; if the amount is in dispute, the fee will be paid according to the fees for the above-mentioned property cases.

4. For patent administrative cases and trademark administrative cases, the fee is 100 yuan for each case; for other administrative cases, the fee is 50 yuan for each case.

5. For labor dispute cases, a fee of 10 yuan is required for each case.

6. If an objection to the jurisdiction of the case is raised and the objection is not established, a fee of 100 yuan shall be paid for each case.

7. For other non-property cases, the fee is RMB 100 per case.

Property category

1. Below 10,000 yuan: 50 yuan:

2. 10,000-100,000 yuan: target amount x 2.5%-200 yuan ;

3. 100,000-200,000 yuan: target amount x2% + 300 yuan;

4. 200,000-500,000 yuan: target amount x1.5% + 1,300 yuan;

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5. 500,000-1 million: target amount x1% + 3,800 yuan;

6. 1-2 million yuan: target amount x 0.9% + 4,800 yuan;

7 , 2-5 million yuan: target amount x 0.8% + 6,800 yuan;

8. 5-10 million yuan: target amount x 0.7% + 11,800 yuan;

9. 1,000 -20 million yuan: target amount x 0.6% + 21,800 yuan; 10. More than 20 million yuan: target amount x 0.5% + 41,800 yuan.

2. Other Litigation Fees

The people's court may collect the actual expenses incurred when hearing cases and handling other matters.

1. Inspection fees, appraisal fees, announcement fees, and translation fees;

2. Transportation and accommodation fees for witnesses, appraisers, and translators to appear in court on the date decided by the People’s Court. , living expenses and lost work allowance;

3. Application fees and actual expenses for adopting litigation preservation measures;

4. Actual expenses for executing judgments, rulings or mediation agreements ;

5. Other litigation expenses that the People’s Court deems should be borne by the parties.

3. Lawyer fees

Lawyer service fees can be based on different service contents, such as piece-rate fees, proportional fees based on the target amount, hourly fees, and contingency agency fees.

⑴ Cases without property disputes: ordinary civil, economic, and administrative cases that do not involve property, the fee will be negotiated between 6,000-100,000 yuan based on the nature of the case, complexity, time required for the work, etc. ;

For foreign civil, economic, and administrative cases that do not involve property, the agency fee shall not be less than 20,000 yuan;

⑵ Legal documents: writing, revising, and reviewing legal documents on your behalf, in accordance with the law Depending on factors such as the nature of the document, difficulty level, time required for the work, etc., the fee for each document is negotiated between 600-2,000 yuan;

⑶ Lawyer testimony: According to the nature of the legal document, the time required, etc. Depending on the factors, the fee is negotiated between RMB 2,000-10,000 per item.

⑷ Certificate issuance on behalf of a lawyer: The matters for a lawyer to issue a certificate on behalf of the client are different, and the fee is negotiated between 1,500 and 3,000 yuan per case;

⑸ Lawyer’s letter and legal opinion: issue a lawyer’s letter for the client Or a legal opinion, the fee is negotiated based on factors such as the difficulty of the relevant matter, the purpose of use, the time required for the work, etc. The negotiated fee for each copy is between 1,500 and 20,000 yuan.

⑹ Lawyer investigation: Negotiate fees based on the investigation matters.

Attachment: Fee reference for civil and commercial cases

(1) First instance stage

1 The subject matter in dispute is less than 100,000 yuan7 but not less than 5,000 yuan Yuan

2 The subject of dispute is more than 100,000 yuan but less than 1 million yuan6

3 The subject of dispute is more than 1 million yuan but less than 5 million yuan5

4 The subject of dispute is more than 5 million yuan but less than 10 million yuan 3

5 The subject of dispute is more than 10 million yuan but less than 50 million yuan 1

6 0.5 for the disputed subject matter exceeding RMB 50 million

(2) Second instance stage

① For cases where the first instance is not represented but only the second instance, the agency fee will be charged according to the first instance standard, and other case handling fees will not be charged. Change.

② For cases that have been represented in the first instance, the agency fee will be charged at half of the first instance fee, and other case handling fees will remain unchanged.

③ If the case is remanded for retrial after the second instance, the agency fee will be half of the second instance fee, and other case handling fees will remain unchanged.

(3) Retrial (appeal) stage

① For cases that have not been represented in the first or second instance but are solely represented in the retrial (appeal), the agency fee will be charged according to the first instance standard, and other case handling fees will remain unchanged. .

② For cases that have been represented in the first or second instance, the agency fee will be charged at half of the first or second instance fee. Other case handling fees remain unchanged.

(4) Arbitration cases

The fees will be charged at 1.5 times the first-instance fee for civil and commercial cases.

(5) Enforcement cases

The fees will be charged according to the first-instance fee standards for civil and commercial cases. Those who have acted as agents in litigation or arbitration cases will be charged half of the aforementioned standards.