1. Generally speaking, the legal costs should be borne by the losing party.
2. When the plaintiff and the defendant win or lose the case respectively, the people's court decides that both parties shall share the legal costs, in principle, according to the ratio of winning and losing the case.
3. When the losing party is a lawsuit of several people, the court can decide how much each party should bear according to their number and their respective interests with the object of the lawsuit. If there are any expenses arising from litigation for their own interests, they should be borne by the parties.
4. If the lawsuit is withdrawn, the legal fees shall be borne by the plaintiff and charged by half.
5. If an agreement is reached through mediation by the people's court, the legal fees shall be borne by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
6. The burden of all litigation costs in the first instance and the second instance shall be settled through mediation in the second instance and shall be borne by both parties through consultation; If negotiation fails, it shall be decided by the court of second instance.
7. The burden of legal fees in divorce cases can not be simply determined by winning or losing the case, but should be decided by the people's court according to the specific circumstances of the case and the parties.
8. If the plaintiff wins the case, the court shall instruct the defendant to pay the case acceptance fee in advance.
9. As a citizen of a party, if it is really difficult to pay the litigation fees, he may apply for deferment, reduction or exemption, which shall be examined and decided by the people's court.
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the Administrative Procedure Law).
Article 2 When conducting civil or administrative litigation, the parties shall pay the litigation fees in accordance with these Measures.
Except for the provisions of these Measures that litigation fees may not be paid or exempted.
Article 3 In the course of litigation, no fees shall be charged to the parties in violation of the scope and standards stipulated in these Measures.
Article 4 The State shall provide judicial assistance to the parties who have real difficulties in paying litigation fees, and safeguard their legitimate rights and interests.
Article 5 These Measures shall apply to foreigners, stateless persons, foreign enterprises or organizations who bring lawsuits in the people's courts.
If foreign courts discriminate against People's Republic of China (PRC) citizens, legal persons or other organizations and their own citizens, legal persons or other organizations in paying litigation fees, it shall be handled in accordance with the principle of reciprocity.
Chapter II Scope of Payment of Litigation Costs
Article 6 The litigation fees paid by the parties to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
Article 7 The fees for accepting cases include:
(1) Fees for accepting cases of first instance;
(2) Fees for accepting cases of second instance;
(three) the case acceptance fees that need to be paid in accordance with the provisions of these measures in retrial cases.
Eighth the following cases do not pay the case acceptance fee:
(1) Cases tried in accordance with special procedures stipulated in the Civil Procedure Law;
(2) Cases that are ruled to be inadmissible, rejected for prosecution and rejected for appeal;
(3) An appeal case that refuses to accept or reject the prosecution and the ruling of objection to jurisdiction;
(4) cases of administrative compensation.
Article 9 According to the trial supervision procedures of the Civil Procedure Law and the Administrative Procedure Law, the parties concerned do not pay the case acceptance fee. However, the following exceptions are made:
(a) the parties have new evidence enough to overturn the original judgment or ruling and apply to the people's court for retrial, and the people's court decides to retry after examination;
(2) A case in which the parties have not appealed against the judgment or ruling of the people's court of first instance, but the judgment or ruling of first instance or the conciliation statement has become legally effective, and the people's court decides to retry the case after examination.
Article 10 When applying to the people's court for the following matters according to law, the parties concerned shall pay the application fee:
(a) to apply for the enforcement of legally effective judgments, rulings and conciliation statements of the people's courts, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary agencies according to law;
(2) Applying for preservation measures;
(3) Apply for a payment order.
(4) applying for publicity;
(five) apply for cancellation of the arbitration award or determine the validity of the arbitration agreement;
(6) filing for bankruptcy;
(7) Application for maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens;
(eight) to apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions.
Article 11 The transportation, accommodation, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court shall be collected by the people's court according to the standards set by the state.
When copying case files and legal documents, the parties concerned shall pay fees to the people's court according to the actual cost.
Article 12 In the course of litigation, the people's court decides that the expenses incurred for appraisal, announcement, inspection, translation, evaluation, auction, sale, warehousing, storage, transportation, ship supervision, etc. shall be paid directly to the relevant institutions or units by the parties according to the principle of who advocates and who bears, and the people's court shall not collect and pay on behalf of them.
The people's court shall, in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law, provide translation of the spoken and written languages commonly used in the local countries without charge.
Chapter III Standards for Paying Litigation Fees
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
Article 14 The application fee shall be paid according to the following standards:
(1) Those who apply to the people's court for the enforcement of legally effective judgments, rulings and conciliation statements of the people's court, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary organs according to law, and apply for the recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions, shall be paid according to the following standards:
1. If there is no execution amount or price, each piece ranges from 50 yuan to 500 yuan.
2. If the execution amount or price does not exceed 6,543,800 yuan+0,000 yuan, each piece shall be paid to 50 yuan; The part exceeding 1 0,000 yuan to 500,000 yuan shall be paid at 1.5%; The part exceeding 500,000 yuan to 5 million yuan shall be paid according to 1%; The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.5%; The part exceeding100000 yuan shall be paid by 0. 1%.
3. In accordance with the provisions of the fourth paragraph of Article 55 of the Civil Procedure Law, if the right holder who has not participated in the registration brings a lawsuit to the people's court, he shall pay the application fee in accordance with the standards stipulated in this item, and shall not pay the case acceptance fee.
(two) the application for preservation measures, according to the actual amount of property preserved in accordance with the following standards:
If the amount of property does not exceed 1 000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.
(3) If the payment order is applied according to law, it shall be paid according to the standard of property case acceptance fee 1/3.
(4) Apply for publicity according to law, and pay 100 yuan for each piece.
(five) to apply for revocation of the arbitration award or to confirm the validity of the arbitration agreement, each piece shall be submitted to 400 yuan.
(6) Bankruptcy cases shall be calculated according to the total amount of bankruptcy property, and the acceptance fee for property cases shall be charged by half, but the maximum amount shall not exceed 300,000 yuan.
(7) The application fee for maritime cases shall be paid according to the following standards:
1. For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid 1000 yuan to 10000 yuan;
2. For the application for maritime injunction, each piece shall be paid 1000 yuan to 5,000 yuan;
3. For the application for maritime lien reminder, each piece shall be paid 1000 yuan to 5,000 yuan;
4. For the application for registration of maritime claims, each piece shall be paid 1000 yuan;
5. Apply for general average adjustment, and pay 1000 yuan per piece.
Fifteenth cases closed by mediation or the parties apply for withdrawal of the case, the case acceptance fee will be paid by half.
Sixteenth cases that are tried by summary procedure shall be charged half of the case acceptance fee.
Article 17 If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of appeal against the judgment of first instance.
Article 18 If the defendant files a counterclaim, and the third party has an independent claim related to the case, and the people's court decides to join the trial, it shall pay the case acceptance fee by half each.
Nineteenth in accordance with the provisions of Article 9 of these measures, the retrial case that needs to pay the case acceptance fee shall pay the case acceptance fee according to the amount of the retrial request that refuses to accept the original judgment.
Chapter IV Payment and Refund of Litigation Costs
Article 20 The fees for accepting a case shall be paid in advance by the plaintiff, the third party with independent claims and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, it shall pay it in advance. The case of recovering labor remuneration may not pay the case acceptance fee in advance.
The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Item (1) and Item (6) of Article 10 of these Measures are not paid by the applicant in advance, but after the implementation of the application fee, and the bankruptcy application fee is paid after the liquidation.
The fees stipulated in Article 11 of these Measures shall be paid after the actual occurrence.
Twenty-first parties to change the amount of litigation request, the case acceptance fee shall be handled in accordance with the following provisions:
(1) If the parties increase the amount of claims, they shall make up the amount according to the increased amount of claims;
(2) Before the end of the court investigation, if the parties propose to reduce the amount of litigation claims, they shall be refunded according to the reduced amount of litigation claims.
Article 22 The plaintiff shall pay the case acceptance fee within 7 days after receiving the notice of the people's court to pay the legal fee; In a counterclaim case, the party who files a counterclaim shall pay the case acceptance fee within 7 days from the day after filing the counterclaim.
The case acceptance fee for an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, they shall pay in advance respectively. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance within 7 days.
The application fee shall be paid in advance by the applicant when filing the application or within the time limit specified by the people's court.
If a party fails to pay the litigation fees within the time limit and does not apply for judicial assistance, or the application for judicial assistance is not approved and fails to pay the litigation fees within the time limit specified by the people's court, the people's court shall handle it in accordance with relevant regulations.
Twenty-third in accordance with the provisions of Article 9 of these measures, the retrial case that needs to pay the case acceptance fee shall be submitted in advance by the party applying for retrial. If both parties apply for retrial, they shall pay in advance respectively.
Article 24 For a case transferred or transferred in accordance with the provisions of Articles 36, 37, 38 and 39 of the Civil Procedure Law, the people's court that originally accepted the case shall transfer the litigation fees paid in advance by the parties to the people's court that accepted the case.
Article 25 If a people's court finds a suspected criminal offence in the process of trying a civil case and transfers the case to the relevant department for handling, it shall refund the case acceptance fee paid by the party concerned; If it is necessary to continue to hear a civil case after the transfer, the fees paid by the parties for accepting the case will not be refunded.
Twenty-sixth cases to suspend litigation and execution, the case acceptance fee and application fee paid will not be refunded. If the reasons for the suspension of litigation and execution are eliminated and the litigation and execution are resumed, the case acceptance fee and application fee will no longer be paid.
Article 27 If the people's court of second instance decides to remand the case for retrial, it shall refund the fees paid by the appellant for accepting the case of second instance.
If the people's court of first instance decides not to accept or reject the prosecution, it shall refund the case acceptance fee paid by the parties; If a party refuses to accept the decision of the people's court of first instance not to accept or reject the prosecution, and the people's court of second instance upholds the judgment of the people's court of first instance, the people's court of first instance shall refund the case acceptance fee paid by the party concerned.
Article 28 In accordance with the provisions of Article 137 of the Civil Procedure Law, the fees for accepting cases paid in accordance with these Measures shall not be refunded.
Chapter V Burden of Litigation Costs
Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it.
If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall accordingly change the decision of the people's court of first instance on the burden of litigation costs.
Article 31 In a case reached through mediation by a people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
Article 32 If the provisions of Item (1) and Item (2) of Article 9 of these Measures are met, the litigation expenses shall be borne by the party applying for retrial; If both parties apply for retrial, the litigation costs shall be borne in accordance with the provisions of Article 29 of these Measures. The burden of litigation costs in the original trial shall be re-determined by the people's court according to the principle of litigation costs burden.
Article 33 The burden of litigation costs in divorce cases shall be settled by both parties through consultation. If negotiation fails, the people's court shall make a judgment.
Article 34 If the plaintiff or appellant in a civil case applies for withdrawing the lawsuit and the people's court allows it, the fees for accepting the case shall be borne by the plaintiff or appellant.
If the defendant changes or cancels a specific administrative act in an administrative case, and the plaintiff applies for withdrawal of the lawsuit, and the people's court decides to allow it, the case acceptance fee shall be borne by the defendant.
Thirty-fifth after the court investigation, if the parties propose to reduce the litigation request, the reduced part of the case acceptance fee shall be borne by the parties who change the litigation request.
Article 36 If the debtor does not raise any objection to the supervision procedure, the application fee shall be borne by the debtor. If the debtor raises an objection to the supervision procedure, which leads to the termination of the supervision procedure, the application fee shall be borne by the applicant; If the applicant files a lawsuit alone, the application fee may be included in the litigation request.
Article 37 The expenses for applying for public notice shall be borne by the applicant.
Article 38 The application fee specified in Items (1) and (8) of Article 10 of these Measures shall be borne by the person subjected to execution.
If the parties reach a settlement agreement during the execution, the burden of the application fee shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
The application fee stipulated in Item (2) of Article 10 of these Measures shall be borne by the applicant. If the applicant files a lawsuit, the application fee may be included in the litigation request.
The application fee stipulated in Item (5) of Article 10 of these Measures shall be determined by the people's court in accordance with the provisions of Article 29 of these Measures.
Article 39 The litigation costs related to maritime cases shall be borne in accordance with the following provisions:
(1) Where an application for maritime claim preservation or maritime injunction is made before litigation, the application fee shall be borne by the applicant; If the applicant brings a lawsuit against the maritime claim, the above expenses may be included in the lawsuit claim;
(2) Where an application for maritime evidence preservation is made before litigation, the application fee shall be borne by the applicant;
(3) The reasonable expenses incurred in auctioning or selling the seized ship, cargo on board, marine fuel and marine materials in litigation shall be paid by the applicant in advance, deducted from the auction or sale price in advance and returned to the applicant;
(4) The application fee for applying for the establishment of a limitation fund for maritime claims, the registration and settlement of creditor's rights, and the application for a notice of maritime lien shall be borne by the applicant;
(5) The expenses for the establishment of the limitation fund for maritime claims liability and the announcement in the procedure of calling for maritime liens shall be borne by the applicant.
Article 40 If a party fails to give evidence within the time limit for giving evidence due to his own reasons, and new evidence is presented during the second trial or retrial, and the litigation costs are increased, the increased litigation costs shall be borne by the party concerned.
Article 41 The public announcement fee for the application of special procedures to the trial of cases shall be borne by the public prosecutor or the applicant.
Article 42 Where a person applies to a people's court for bankruptcy according to law, the litigation expenses shall be paid out of the bankruptcy property according to relevant laws.
Article 43 A party may not appeal against the judgment of the people's court on litigation costs alone.
If a party refuses to accept the decision on litigation costs made by the people's court alone, it may apply to the president of the people's court who made the decision for review. The review decision shall be made within 15 days from the date of receiving the application of the parties.
If a party disagrees with the calculation of litigation costs decided by the people's court, it may request a review from the people's court that made the decision. If the calculation is indeed wrong, the people's court that made the judgment shall correct it.
Chapter VI Judicial Assistance
Article 44 If it is really difficult for a party to pay the litigation costs, it may apply to the people's court for judicial assistance in accordance with these Measures, and postpone, reduce or exempt the litigation costs.
The exemption of litigation fees is only applicable to natural persons.
Article 45 When a party applies for judicial assistance, the people's court shall be exempted from paying legal fees under any of the following circumstances:
(a) the disabled have no fixed source of livelihood;
(2) recourse for alimony, maintenance, nursing and pension;
(three) the minimum living security object, the rural poverty relief object, the rural five guarantees supporting object or the person receiving unemployment insurance benefits, and there is no other income;
(four) because of the courageous or to protect public interests, their legitimate rights and interests are damaged, and they or their close relatives request compensation or compensation;
(five) other circumstances that really need to be exempted.
Article 46 When a party applies for judicial assistance, the people's court shall grant the reduction or exemption of litigation costs in any of the following circumstances:
(a) due to force majeure such as natural disasters, life is difficult, and social relief is being received, or family production and operation are unsustainable;
(2) Belonging to the object of special care and resettlement stipulated by the state;
(3) Social welfare institutions and rescue management stations;
(four) other circumstances that really need to be reduced or exempted.
If the people's court approves the reduction or exemption of litigation costs, the reduction or exemption ratio shall not be less than 30%.
Article 47 If a party applies for judicial assistance in any of the following circumstances, the people's court shall grant deferral of the litigation fees:
Turn to social insurance and economic compensation;
(2) Victims of maritime accidents, traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;
(three) is receiving legal aid from the relevant departments;
(four) other circumstances that really need to be postponed.
Article 48 When applying for judicial assistance, a party shall submit a written application, supporting materials sufficient to prove his financial difficulties and other relevant supporting materials at the time of prosecution or appeal.
If you apply for reducing or exempting litigation costs due to difficulties in living or recourse to basic living expenses, you should also provide proof that your family's economic situation meets the standards of citizens' economic difficulties stipulated by local civil affairs, labor security and other departments.
If the people's court rejects a party's application for judicial assistance, it shall give a written explanation to the party.
Article 49 If, after examination, the litigation costs of the parties' application for deferment meet the provisions of Article 47 of these Measures, the people's court shall make a decision on granting deferment before deciding to file a case.
Article 50 The people's court provides judicial assistance to one party, and if the other party loses the case, the litigation costs shall be borne by the other party; If the other party wins the case, it may decide to reduce the litigation fee depending on the financial situation of the party applying for judicial assistance.
Article 51 If the people's court allows the parties to reduce or exempt the litigation fees, it shall state so in the legal documents.
Chapter VII Management and Supervision of Litigation Costs
Article 52 The system of payment and collection of litigation fees shall be made public. The people's court charges litigation fees and uses financial bills uniformly printed by the financial department of the State Council or the financial department of the provincial people's government in accordance with the financial affiliation. The case acceptance fee and application fee shall be turned over to the finance in full, included in the budget, and managed by two lines of revenue and expenditure.
When the people's court collects litigation fees, it shall issue payment vouchers to the parties, and the parties shall pay the fees at the designated agent bank with the payment vouchers. If it should be returned to the parties according to law, the people's court shall handle it in accordance with the relevant provisions of the state. The specific measures for the payment and refund of legal fees shall be formulated separately by the Supreme People's Court in conjunction with the financial department of the State Council.
In remote, water and inaccessible areas, the grass-roots circuit court hears cases on the spot, and if it is really difficult for the parties to pay the litigation fees to the designated agent bank, the grass-roots circuit court can collect the litigation fees on the spot and issue financial bills uniformly printed by the financial department of the provincial people's government to the parties; If the financial bills uniformly printed by the financial department of the provincial people's government are not issued, the parties concerned have the right to refuse to pay.
Article 53 After concluding a case, the people's court shall notify the parties in writing of the list of litigation expenses and the amount to be borne, and at the same time specify the amount to be borne by the parties in the written judgment, ruling or conciliation statement.
If it is necessary to refund the litigation costs of the parties, the people's court shall refund the parties within 05 days from the date when the legal documents take effect.
Article 54 The competent price department and the financial department shall manage and supervise the litigation expenses according to the division of responsibilities for charge management; In violation of the provisions of these measures, arbitrary charges shall be investigated and dealt with in accordance with laws, regulations and relevant provisions of the State Council.
Chapter VIII Supplementary Provisions
Article 55 The litigation expenses shall be calculated in RMB. If the unit of calculation is foreign currency, it shall be converted into RMB according to the exchange rate announced by the state on the day when the people's court decides to accept the case; The litigation costs of appeal cases and retrial cases shall be converted according to the exchange rate announced by the state on the day when the people's court of first instance decides to accept the case.
Refer to Baidu Encyclopedia's litigation fee payment method.