issued by our company [1989] 14th
date of promulgation: July 12, 1989 date of implementation: September 1, 1989 Promulgated by: Supreme Law
Chapter I Scope of Charges for Litigation Costs
Chapter II Charging Standards for Litigation Costs
Chapter III Prepayment of Litigation Costs
Chapter IV Burden of Litigation Costs
Chapter V Payment and Management of Litigation Costs
1. The charging standards stipulated in the Measures have been agreed by all relevant parties in the country, and the courts at all levels must strictly implement the charging standards. If there are some provisions in the charging standards, the higher courts will formulate specific standards and issue them for implementation. If there are provisions in the charging standards for maritime cases, the maritime courts shall decide within the range according to the specific circumstances of the case. No other unit shall formulate the charging standards separately.
two, this approach since September 1, 1989. Cases accepted before August 31st shall still be implemented in accordance with the provisions of the original "Measures for Civil Litigation Fees (Trial)".
iii. The specific charging standards formulated by the higher people's courts shall be reported to the Supreme People's Court for the record.
measures for litigation fees of people's courts on July 12, 1989
These measures are formulated in accordance with the provisions of Articles 3, 8, 178, 19 and 2 of the Civil Procedure Law of the People's Republic of China (for Trial Implementation). Chapter I Scope of Fees for Litigation Article 1 When a party engages in civil, economic, maritime and administrative litigation, it shall pay a case acceptance fee to the people's court. If the parties copy the trial materials and legal documents of this case according to law, they shall pay the required fees to the people's court. Article 2 the parties to a property case or an administrative case shall pay the following fees in addition to the fees for accepting the case to the people's court:
(1) fees for inspection, appraisal, announcement and translation (except for the local national languages and scripts commonly used);
(2) transportation expenses, accommodation expenses, living expenses and lost time allowance for witnesses, expert witnesses and translators to appear in court on the date decided by the people's court;
(3) the application fee for taking litigation preservation measures and the actual expenses;
(4) the actual expenses incurred in executing the judgment, ruling or mediation agreement. Article 3 Anyone who applies to the people's court for enforcement of the arbitration institution's award, the creditor's rights documents that are legally enforceable by the notary office and the administrative organ's handling or punishment decision shall pay the application enforcement fee and the actual expenses incurred in the execution. Article 4 Other litigation expenses that the people's court considers should be borne by the parties. Chapter ii charging standards for litigation costs chapter ii charging standards for litigation costs chapter ii charging standards for litigation costs article 5 fees for accepting cases
(1) for divorce cases, 1 yuan to 5 yuan shall be paid for each case. Involving the division of property, the total amount of property does not exceed 1 thousand yuan, no additional charges; More than ten thousand yuan, more than one percent to pay;
(2) In cases of infringement of the rights of name, name, portrait, reputation and honor, 5 yuan to 1 yuan shall be paid for each case;
(3) for other non-property cases, ten yuan to fifty yuan shall be paid for each case;
(4) In property cases, the disputed price or amount shall be paid in the following proportions:
1. If the amount is less than 1, yuan, each piece shall be paid 5 yuan;
2. The part exceeding 1, yuan to 5, yuan shall be paid by 4%;
3. The part exceeding 5, yuan to 1, yuan shall be paid by 3%;
4. The part exceeding 1, yuan to 2, yuan shall be paid by 2%;
5. The part exceeding RMB 2, to RMB 5, shall be paid at 1.5%;
6. The part exceeding 5, yuan to 1 million yuan shall be paid by 1%;
7. the part exceeding one million yuan shall be paid at .5%.
(5) fifty yuan to one hundred yuan for each case of infringement of patent right, copyright and trademark right; The disputed amount shall be paid according to the charging standard of property cases.
(6) Administrative cases shall be paid according to the following standards:
1. Administrative cases of public security shall be paid from five yuan to thirty yuan each;
2, patent administrative cases, each pay 5 yuan to 4 yuan;
3, other administrative cases, each pay 3 yuan to 1 yuan. The disputed amount shall be paid according to the charging standard of property cases.
(7) thirty yuan to fifty yuan for each labor dispute case.
(8) Bankruptcy cases shall be paid according to the total property value of the bankrupt enterprise and the charging standard for property cases. Article 6 If the plaintiff makes two or more claims, the defendant counterclaims and the third party makes claims related to this case, and the people's court needs to combine them, the case acceptance fee shall be calculated and charged separately according to different claims. Article 7 If the amount claimed in a property case is inconsistent with the actual situation, the case acceptance fee shall be calculated and charged according to the actual disputed amount approved by the people's court. Article 8 The fees for application for execution shall be paid according to the following standards:
(1) If the amount or price of application for execution of a case is less than 1, yuan, 5 yuan shall be paid for each case; More than ten thousand yuan to five hundred thousand yuan, paid by .5%; The part exceeding 5, yuan shall be paid at .5%.
(2) If the amount or price of the property to be preserved is less than 1, yuan, 3 yuan will be paid for each piece; More than one thousand yuan to one hundred thousand yuan, paid by one percent; The part exceeding 1, yuan shall be paid at .5%.
(3) In maritime cases, if an application is made for the arrest of a ship, a fee of 1, to 5, yuan shall be paid for each case; Apply for registration of creditor's rights, and pay 5 yuan for each piece; Apply for lien on goods and fuel, and pay 5 yuan for each piece; If the shipowner applies for limitation of liability, he shall pay .1% of the amount of the application for limitation, but the minimum amount shall be not less than 5 yuan. Article 9 The amount of inspection fees, appraisal fees, announcement fees and translation fees shall be calculated and paid according to the charging standards of relevant state departments. Article 1 Reproduction of court trial records or legal documents shall be charged according to the actual cost. Article 11 The amount of other litigation expenses that the parties should pay shall be decided by the people's court according to the relevant regulations of the state and the actual situation. Chapter III Prepayment of Litigation Costs Chapter III Prepayment of Litigation Costs Chapter III Prepayment of Litigation Costs Article 12 The acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance.
the application execution fee shall be paid in advance by the applicant.
the case acceptance fee shall be paid in advance according to the standards stipulated in Article 5; Other litigation expenses shall be decided by the people's court in advance according to the specific circumstances of the case. Article 13 The plaintiff shall pay the litigation fee in advance within seven days from the day after receiving the notice from the people's court; In a counterclaim case, the counterclaim party shall pay the case acceptance fee in advance while filing the counterclaim. If it is indeed difficult to pay in advance, it may apply to the people's court for deferment during the advance payment period. If the party concerned fails to pay in advance and does not file an application for deferral within the prepayment period, it shall be dealt with as automatic withdrawal of prosecution.
the litigation costs of an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, the parties to the appeal shall pay in advance respectively. If the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify him to pay in advance. If the appellant fails to pay the litigation fee in advance within seven days after receiving the notice from the people's court and does not file an application for deferral, the appeal shall be automatically withdrawn.
the application execution and other expenses shall be paid in advance by the applicant when submitting the application. Article 14 For a case transferred according to the provisions of Articles 32, 33 and 34 of the Civil Procedure Law (for Trial Implementation), the people's court that originally accepted the case shall transfer the litigation fees received in advance to the people's court that accepted the case. Fifteenth in the process of trying an economic dispute case, it is found that the case belongs to a criminal offence, and the whole case is transferred to the relevant department for handling, and the case acceptance fee paid in advance will be refunded; After the transfer of economic disputes need to continue to be tried, the case acceptance fee paid in advance will not be refunded. Sixteenth cases to suspend litigation, the case acceptance fee paid in advance will not be refunded. After the reasons for the suspension of litigation are eliminated, the case acceptance fee will not be paid in advance when the litigation is resumed. Seventeenth cases sent back for retrial by the people's court of second instance, and the acceptance fee paid in advance for appeal cases shall not be refunded; If an appeal is made after retrial, the case acceptance fee will not be paid in advance. Article 18 The case acceptance fee paid in advance in the case of ending litigation will not be refunded. Chapter IV Burden of Litigation Costs Chapter IV Burden of Litigation Costs Chapter IV Burden of Litigation Costs Article 19 The costs of accepting a case shall be borne by the losing party. If both parties have responsibilities, they shall share them.
*** If the litigants lose the case, the people's court shall decide the amount they should bear according to their respective interests in the subject matter of the lawsuit. If there are any expenses incurred in litigation for their own interests, the party concerned shall bear them.
other litigation costs shall be decided by the people's court according to the specific circumstances. Article 2 If the people's court of second instance revises the judgment of the people's court of first instance, it shall, in addition to determining the burden of litigation costs of second instance, also change the decision of the people's court of first instance on the burden of litigation costs accordingly.
if the people's court of second instance rejects the appealed case, the appellant shall bear the cost of accepting the appealed case. If both parties appeal, they shall share it. Twenty-first cases reached an agreement through mediation by the people's court, and the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall decide.
if the people's court of second instance tries an appeal case and an agreement is reached through mediation, the burden of all litigation costs in the first and second instance shall be settled by both parties through consultation; If negotiation fails, it shall be decided by the people's court of second instance. Article 22 The burden of litigation costs in divorce cases shall be decided by the people's court. Twenty-third cases of withdrawal, the case acceptance fee shall be borne by the plaintiff, and charged by half; Other litigation costs are charged according to actual expenses.
if a case is dismissed, the acceptance fee for the case shall be borne by the party who sued. Article 24 The application execution fee and the actual expenses incurred during execution shall be borne by the respondent.
the application fee for applying for litigation preservation measures and the application fee for applying for arresting ships and detaining goods and fuel in maritime cases shall be borne by the losing party.
the application fee for applying for limitation of shipowners' liability shall be borne by the applicant. Article 25 The expenses incurred due to improper litigation actions of a party shall be borne by that party. Twenty-sixth cases of alimony, maintenance, parenting, pensions and labor remuneration, the plaintiff may not pay the case acceptance fee in advance; When the case is concluded, it shall be borne by the losing party. Article 27 If a party has real difficulties in paying litigation fees, it may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or waive it shall be examined and decided by the people's court. Article 28 The following cases are exempt from the case acceptance fee:
(1) Cases tried in accordance with the special procedures stipulated in the Civil Procedure Law (for Trial Implementation);
(2) Cases submitted for trial or retrial in accordance with the procedure of trial supervision. Twenty-ninth parties may not appeal against the decision of the people's court on litigation costs alone. Chapter V Payment and Management of Litigation Costs Chapter V Payment and Management of Litigation Costs Chapter V Payment and Management of Litigation Costs Article 3 The parties shall pay the litigation costs in advance in the court with the notice of the people's court. Article 31 When a case is concluded, the people's court shall notify me in writing of the detailed list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the written judgment, ruling or mediation, and refund more and make up less. Article 32 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. If there is a mistake in calculation, the people's court shall make a ruling to correct it. Article 33 People's courts at all levels shall establish and improve a strict charging system. Fees should be charged with a statutory and uniform receipt. Article 34 The people's courts shall strictly follow the financial system of the state and accept the supervision of the financial and auditing departments. Chapter VI Supplementary Provisions Chapter VI Supplementary Provisions Chapter VI Supplementary Provisions Article 35 These Measures shall apply to foreigners, stateless persons, foreign enterprises and organizations in litigation in the people's courts. However, if foreign courts treat Chinese citizens, enterprises and organizations differently from their own citizens, enterprises and organizations, the people's courts shall treat them according to the principle of reciprocity. Article 36 These Measures shall be implemented as of September 1, 1989, and the original Measures for Charging Civil Litigation (for Trial Implementation) shall be abolished at the same time.
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(adopted at the 17th meeting of the Supreme People's Court Judicial Committee on June 19, 1999)
Promulgated on July 28, 1999, implemented on July 28, 1999, promulgated by the Supreme People's Court
According to the actual needs of the development of trial work, in order to further standardize the litigation fees of the people's courts and facilitate the parties to conduct litigation according to law, The following supplementary provisions are made to the Measures for Litigation Fees of the People's Courts (hereinafter referred to as the Measures):
1. Chapter I Article 4 of the Measures Other litigation costs that the people's courts think should be borne by the parties, the specific contents are as follows:
1. The parties to non-property cases should bear the actual expenses incurred by the inquest, appraisal, announcement and translation.
the above-mentioned expenses shall be borne in accordance with the provisions of Article 19 of the Measures.
2. It is indeed difficult for the parties in property cases and administrative cases to collect and provide relevant evidence by themselves, and the people's court deems it necessary to investigate and collect evidence in different places and to mediate the case in different places according to the standards set by the state.
the travel expenses incurred by the people's court in the investigation and evidence collection in different places shall be borne by the party who is determined by the people's court to bear the burden of proof; The burden of travel expenses incurred by the people's court in mediating cases in different places shall be decided by the people's court.
2. if a party applies for the execution of a legally effective judgment, ruling, conciliation statement and payment order of the people's court according to law, it shall pay the application execution fee according to the standard stipulated in Item (1) of Article 8 of the Measures. Application execution fee