I want to fight a civil lawsuit.

The other side lost the case.

Legal expenses borne by the other party.

So my lawyer's fee

Can you advocate letting the other party bear it?

According to the provisions of China's civil procedure law, the parties have the right to entrust agents, including lawyers, to conduct litigation, but not every party must entrust lawyers to conduct litigation. Therefore, whether to hire a lawyer in civil litigation is the right of the parties, and it is often decided by the parties themselves according to the complexity and economic situation of the case.

under normal conditions

The lawyer's fee shall be borne by the person who hires a lawyer.

But in some special cases,

It can also be claimed that the losing party shall bear it.

Take notes quickly ~

↓↓↓

1. The breaching party and the debtor shall be liable.

1 The contract stipulates that the breaching party shall bear the legal costs.

Article 5 of the Civil Law of People's Republic of China (PRC) stipulates that civil subjects should follow the principle of voluntariness in engaging in civil activities and establish, change and terminate civil legal relations according to their own wishes.

When signing a contract, the parties may agree that the liability for breach of contract borne by the breaching party includes the lawyer's fees generated by the observant party's right relief through judicial procedures. If this contract and the breach clauses are legal and valid, the observant party has the right to require the breaching party to bear the legal fees agreed in the contract, and the court can reasonably determine the amount of legal fees that the breaching party should bear according to this contract, relevant laws and industry standards.

2. The creditor's exercise of cancellation right.

Article 540th of the Civil Code stipulates that the scope of revocation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor.

3. Disputes over security rights

Article 69 1 of the Civil Code stipulates that the scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and expenses for realizing the creditor's right. Unless otherwise agreed by the parties, such agreement shall prevail.

Second, the infringer should bear the responsibility.

4 cases of human face information infringement

Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Related to Personal Information (implemented in 20021.1.8.0) stipulates that if an information processor infringes on the personal rights and interests of a natural person and a natural person claims compensation for property damage according to Article 182 of the Civil Law, the people's court shall support it according to law. Reasonable expenses paid by natural persons to stop the infringement can be recognized as property losses as stipulated in Article 182 of the Civil Code. Reasonable expenses include reasonable expenses for natural persons or entrusted agents to investigate and collect evidence of infringement. The people's court may, according to the request of the parties and the specific circumstances of the case, calculate reasonable lawyer fees within the scope of compensation.

55 cases of copyright infringement

Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes stipulates that the reasonable expenses paid for stopping infringement as stipulated in Article 54 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.

56 cases of trademark infringement

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 stipulates that the reasonable expenses paid for stopping infringement as stipulated in the first paragraph of Article 63 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of 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.

57 cases of patent infringement

Article 71 of the Patent Law of People's Republic of China (PRC) stipulates that the amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to infringement; ..... The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

58 cases of network infringement

The first paragraph of Article 12 of the 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 Using Information Networks (revised in 2020) stipulates that the reasonable expenses paid by the infringed person to stop the infringement can be recognized as property losses as stipulated in Article 182 of the Civil Code. Reasonable expenses include the reasonable expenses of the infringed or the entrusted agent to investigate and collect the evidence of 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.

59 cases of ecological environment infringement

Article 14 of the Supreme People's Court's Provisions on the Trial of Compensation Cases for Ecological Environment Damage stipulates that if the plaintiff requests the defendant to bear the following expenses, the people's court shall make a judgment according to the specific case:

(a) to prevent the occurrence and expansion of damage to the ecological environment, to take reasonable preventive and disposal measures for the implementation of emergency plans and emergency disposal expenses;

(two) the investigation, inspection, appraisal and evaluation fees and litigation fees of compensation consultation for ecological environment damage;

(3) Reasonable attorney fees and other reasonable litigation expenses.

Article 22 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Environmental Civil Public Interest Litigation Cases stipulates that if the plaintiff requests the defendant to bear the following expenses, the people's court may support it according to law: (3) Reasonable attorney's fees and other reasonable litigation expenses.

5 10

A case of unfair competition

Paragraph 3 of Article 17 of People's Republic of China (PRC) Anti-Unfair Competition Law stipulates that if an operator suffers from unfair competition, the amount of compensation shall be determined according to the actual losses suffered by him 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 business secrets, and the circumstances are serious, the amount of compensation can be determined in accordance with the amount determined by the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.

Third, the non-bona fide litigant shall bear the responsibility.

5 1 1

Abuse of rights in intellectual property infringement litigation

On June 3, 20021,the Supreme People's Court issued the Reply on the Defendant's Request for Compensation for Reasonable Expenses on the grounds that the Plaintiff abused his rights in the IPR infringement lawsuit (Law Interpretation [202 1]No.1), and the specific content of the reply was: "In the IPR infringement lawsuit, the Defendant submitted evidence.

5 12

There are obvious misconduct such as false litigation and malicious litigation.

Article 22 of "Several Opinions of the Supreme People's Court on Further Promoting the Diversion of Complicated Cases and Optimizing the Allocation of Judicial Resources" stipulates that: if a party has obvious misconduct such as abusing litigation rights and delaying the undertaking of litigation obligations, resulting in direct losses to the other party or a third party, the people's court may support the innocent party's legitimate request for compensation for reasonable legal fees according to specific circumstances.

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