1. The other party can be required to bear the attorney's fees for successful civil litigation and traffic accident cases.

Article 1179 of the "Civil Code" (effective from January 1, 2021), who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, Reasonable expenses for treatment and recovery such as nutrition fees and hospitalization food subsidies, as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.

Article 17, paragraph 3, of the "Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" stipulates: "If the victim dies, the person obligated to compensate shall, in addition to making compensation based on the rescue and treatment conditions in this Article, In addition to the relevant expenses stipulated in paragraph 1, compensation shall also be provided for funeral expenses, living expenses of dependents, death compensation expenses, transportation expenses, accommodation expenses, loss of work and other reasonable expenses incurred by relatives of the victim for funeral matters.”

As early as 2000, the Shanghai Higher People's Court issued a notice on the issuance of "Several Specific Opinions on the Trial of Civil Cases" regarding personal injury compensation cases. "Lawyers' fees are property interests in nature and can, in principle, be used as Loss."

In judicial practice, whether attorney fees are supported in traffic accident cases varies from court to court. For example: Hefei generally does not support attorney fees, but Shanghai does. In 2005, the Shanghai Higher People's Court issued a notice on "Answers to Several Issues Concerning the Trial of Road Traffic Accident Damage Compensation Cases", which clearly stipulated that "the parties request compensation for the expenses incurred in handling the accident (such as transportation expenses, lost work expenses, and evidence collection fees). , attorney fees, etc.), if the expenses have been actually incurred and must be reasonable, they can be supported. ”

2. The parties clearly agreed in the contract that the attorney fees will be borne by the losing party

According to the principle of freedom of contract, as long as both parties agree in the contract that attorney fees will be borne by the losing party, claims for attorney fees will generally be supported during prosecution or arbitration. Therefore, when drafting the contract, the parties to the contract can include attorney fees as part of the compensation for breach of contract, and can even list in detail the manner and standards for bearing attorney fees. When drafting such a breach of contract clause, special attention must be paid to clearly stating "attorney's fees". Others such as "expenses for realizing creditor's rights" are not clearly agreed and may not be supported by attorney's fees. The court's agreement on this The censorship is very strict. When filing a lawsuit, the plaintiff must submit the entrustment contract signed with the law firm and the attorney fee invoice issued by the law firm as evidence of payment of attorney fees. However, the specific amount of support will depend on the judge's discretion, which is based on the nature of the case. Usually the court will support "reasonable" attorney's fees, not the full costs.

3. Laws and judicial interpretations clearly stipulate that the losing party shall bear the winning party’s reasonable attorney fees.

1. Legal aid cases:

Article 7 of the "Joint Notice of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid Work": "Where legal aid personnel handle legal aid cases If necessary expenses such as travel expenses, printing fees, transportation and communication fees, investigation and evidence collection fees are required for handling the case, and the aided party includes them in the litigation claims, the court may determine that the non-aided losing party shall bear them based on the specific circumstances." Therefore, when lawyers handle legal aid cases, it is recommended that attorney fees be included in the litigation request and required to be borne by the defendant.

2. Copyright infringement cases:

Article 48 of the "Copyright Law" stipulates: "In case of infringement of copyright or copyright-related rights, the infringer shall pay compensation according to the actual loss of the right holder. Compensation; if the actual loss is difficult to calculate, compensation may be provided based on the illegal income of the infringer, and the amount of compensation shall also include the reasonable expenses paid by the right to stop the infringement."

According to the provisions of Article 26 of the "Interpretations of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Disputes", "the reasonable payment for stopping infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law" Expenses, including reasonable expenses incurred by the right holder or its agent to investigate and collect evidence on the infringement.

The people's court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with relevant national department regulations into the scope of compensation."

3. Trademark infringement cases:

"Supreme Article 17 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases clearly stipulates: "The reasonable expenses paid to stop infringement as stipulated in Article 56, paragraph 1, of the Trademark Law include the right holder or the entrusted agent to pay for the infringement." Reasonable expenses for investigation and evidence collection. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. "

4. Patent infringement cases:

Article 22 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The People's Court shall, at the request of the right holder, As well as the specific circumstances of the case, the reasonable expenses paid by the right holder to investigate and stop the infringement can be calculated within the scope of the compensation amount. "

5. Unfair Competition Cases

Article 20 of the "Anti-Unfair Competition Law" stipulates: If an operator violates the provisions of this law and causes damage to the infringed operator, Should be liable for damages. If the infringed operator's losses are difficult to calculate, the amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period; and the infringed operator shall be liable for any damages incurred by the infringed operator due to the investigation of the operator's infringement of its legitimate rights and interests. Reasonable fees paid for acts of unfair competition

6. Litigation cases involving creditors exercising their right to rescind in contract disputes:

The Supreme People's Court's "On the Application of the People's Republic of China and the State Council" Article 26 of the Contract Law "Interpretation of Several Issues (1)" clearly stipulates: "The necessary expenses such as attorney fees and travel expenses paid by the creditor to exercise the right of revocation shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared. ”

7. Litigation cases on security rights:

Article 21 of the “Guarantee Law of the People’s Republic of China” stipulates: “The scope of guarantee includes principal creditor’s rights and interest, breach of contract payments, damages and costs of realizing claims. ”

8. Arbitration cases

Arbitration can support arbitration requests in which the attorney fees are borne by the losing party. The 1994, 1995, 1998, and 2000 versions of the China International Economic and Trade Arbitration Commission "Arbitration Rules" (referred to as "CIETAC Rules") have similar provisions. The arbitral tribunal has the right to rule in the award that the losing party should compensate the winning party for part of the reasonable expenses incurred in handling the case, but the compensation amount must not exceed the winning party's maximum amount. 10% of the winning amount. In practice, this fee also includes attorney fees, but there is a limit of 10% of the winning amount.

The latest CIETAC Rules (2005 Edition) has eliminated this 10% limit. Limit provisions, Article 46 stipulates "Cost Bearing:

(1) The arbitral tribunal has the right to determine in the arbitration award the arbitration fees and other expenses ultimately payable by the parties to the arbitration committee.

(2) The arbitral tribunal has the right to rule in the award based on the specific circumstances of the case that the losing party should compensate the winning party for the reasonable expenses incurred in handling the case. When the arbitral tribunal determines 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 factors such as the outcome of the case, its complexity, the actual workload of the winning party and/or its agent, and the amount in dispute in the case.” . Obviously, this gives the arbitral tribunal greater discretion.

Legal basis: Article 540 of the "People's Republic of China and Civil Code". The scope of the right to cancel and the necessary expenses to bear are limited to the creditor's claims. The creditor's necessary expenses to exercise the right to cancel shall be borne by the debtor.

Article 2 of the Copyright Law of the People's Republic of China Article 49 stipulates: “In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer’s illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement."

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases": "Article 17: "The reasonable expenses paid to stop infringement as stipulated in the Trademark Law include the right holder or the entrusted party The agent’s reasonable expenses for investigating and collecting evidence of infringement. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. ”