As for the issue of bearing attorney's fees, the general rule abroad is that "the fees shall be borne by the losing party". However, in our country, the general principle is "whoever hires a lawyer shall bear the attorney's fees." Only in legal or The attorney's fees will only be borne by the losing party when relevant judicial interpretations clearly stipulate. Based on my country's current legal provisions, the attorney's fees for the following cases involving litigation will be borne by the losing party:

1. Copyright infringement cases:

Article 48 of the "Copyright Law" stipulates: "If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may pay compensation according to the infringer's actual loss. Compensation shall be provided for illegal gains. The amount of compensation shall also include the reasonable expenses paid by the right owner to stop the infringement.” According to Article 26 of the "Interpretations of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Dispute Cases", "the reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include the right holder or the entrusted party The agent’s reasonable expenses for investigating and collecting evidence on infringements. The People’s Court may, based on the litigant’s claims and specific case circumstances, include attorney’s fees that comply with the provisions of relevant state departments within the scope of compensation.”

2. Trademark infringement cases:

Article 17 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" clearly stipulates: "Article 56 of the Trademark Law The reasonable expenses paid to stop the infringement specified in paragraph 1 include the reasonable expenses of the right holder or the agent entrusted to investigate and collect evidence of the infringement. The people's court may, based on the litigation claims of the parties and the specific circumstances of the case, comply with the regulations of the relevant state departments. The lawyer's fees are calculated within the scope of compensation."

3. 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". : "Based on the request of the right holder and the specific circumstances of the case, the people's court may calculate the reasonable expenses paid by the right holder to investigate and stop the infringement within the scope of the compensation amount."

4. Unfair Competition Cases< /p>

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, he shall bear the liability for damage compensation. The loss of the infringed operator is difficult to calculate. , the amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period; and the infringer shall bear the reasonable expenses paid by the infringed operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests.

5. Litigation cases involving the exercise of the right of rescission by creditors in contract disputes:

The Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of the Contract Law of the People’s Republic of China (1) Article 26 of "Article 26" 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."

6. Guarantee Rights litigation cases:

Article 21 of the "Guarantee Law of the People's Republic of China" stipulates: "The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing the creditor's rights." Analysis: If the debtor performs its debts as promised, the rights and interests of the creditors can be realized. Since the debtor fails to perform its obligations, the creditors have to realize their rights through litigation. The attorney fees paid are the expenses incurred by the parties to realize their creditor's rights, which are For property losses suffered by a party, the "expenses for realizing the creditor's rights" stipulated in Article 21 of the Guarantee Law shall include reasonable attorney's fees.

7. Some arbitration cases

Arbitration can support arbitration requests where attorney fees are borne by the losing party. The 1994, 1995, 1998 and 2000 editions of the China International Economic and Trade Arbitration Commission Arbitration Rules (referred to as the CIETAC Rules) all have similar provisions. The arbitral tribunal has the right to rule in the award that the losing party should compensate the winning party for handling the case. Some reasonable expenses incurred, but the amount of compensation shall not exceed 10% of the winning amount of the winning party. In practice, this fee also includes attorney fees, but is limited to 10% of the winning amount. The latest CIETAC Rules (2005 edition) has canceled this 10% limit. Article 46 stipulates: “Costs bear: (1) The arbitral tribunal has the right to rule in the arbitration award that the parties shall ultimately submit to the arbitration commission Payment of arbitration fees and other expenses.

(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.

8. Personal injury compensation cases:

Article 119 of the "General Principles of Civil Law" stipulates: "Infringement of the body of a citizen." In case of injury, compensation shall be made for medical expenses, loss of income due to missed work, living allowances for the disabled, and other expenses; if death is caused, funeral expenses, necessary living expenses for the deceased's survivors, and other expenses shall be paid. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" stipulates in Article 17, Paragraph 3: "If the victim dies, the person obligated to compensate shall, in addition to compensating the relevant expenses specified in Paragraph 1 of this Article based on the rescue and treatment conditions, In addition, compensation should also be provided for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work lost by the victim's relatives for funeral matters. ”

9. 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 is included in the litigation request, the court may determine that the non-aided losing party shall bear it according to the specific circumstances. Therefore, when lawyers apply for legal aid, During the case, it is recommended that attorney fees be included in the litigation request and required to be borne by the defendant.

10. Both parties clearly agreed in the contract that attorney fees should be borne by the losing party.

Based on 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 litigation or arbitration.