On charges of first instance of civil and commercial litigation expenses

-- to the State Council "means to pay the cost of litigation" as the analysis object

Authors: Tan Suqing Release date: 2007-05-25 10:33:38

 

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    Abstract: the cost of litigation system is an important system of the establishment of civil law, is related to the important practice judicial justice issues close to the level of the right of litigants, social security. But in front of China's civil litigation cost system still exist many unreasonable or not perfect, such as determining the operating toll standard is not clear, the types of cases procedures simplified distinguish toll standard is not strong, the lack of property cases charging standard operation, merging litigation fees no differently treated, jurisdiction objection decision in a court case charging standard is too low, the labor dispute cases charging standard is too low, intellectual property cases fees contradictions; preserving case application fee standards unreasonable problems, suggestions on those questions to perfect our civil litigation cost system.

    Litigation cost system is an important system of the establishment of civil law, is related to the important practice judicial justice issues close to the level of the right of litigants, social security. The people's court according to the civil and commercial cases charge litigation fees, it is based on the "Regulations of PRC Civil Procedure Law" article 107th. The specific charging scope, project, standard is 1989 the Supreme People's Court issued the "people's court fees" and introduced the relevant provisions. In December 8, 2006 the State Council executive meeting of the 159th through "means to pay the cost of litigation", which will come into effect on April 1, 2007. The author thinks that "judicial interpretation" means to pay the cost of litigation is the Supreme People's court made a lot of changes and improvement, but the provisions on Civil and commercial litigation fee charging standards still exist many is not specific, not scientific and reasonable, worth exploring.

    There, the first civil and commercial litigation fee charging standards issues

    Litigation costs separates the broad sense and narrow sense in concept, according to the civil legislation and theory of the general, general litigation cost refers to the cost of litigation, the parties because of all the costs of civil litigation expenses, including "the cost" and "parties" cost. "The referee fees" consists of two parts, namely the parties due to the courts and to pay compensation program fees and court proceedings in the actual expenses; "the cost" refers to the fees paid by civil litigation in the expenses, mainly refers to the legal fees. The narrow sense refers only to the parties litigation costs for civil lawsuit to court to pay and pay the costLitigation costs, which is generalized in "judgment costs".

    Due to the non compulsory lawyer agency system in our country, and no concept of generalized cost of litigation in litigation costs in China's legislation, this also is the narrow sense of the litigation cost system.

Since the founding of new China, our country court litigation fees system has experienced spontaneous charging stage (1950-1982 years), trial charging stage (1982-1989), uniform charging stage (1989-1999 years), the charging system reform stage (since 1999), which is characterized by expanding the scope of charge, charging standards continue to improve, so that the burden has been aggravated.

    Litigation costs as an important system in civil procedure law, effects on the trial system is extremely far-reaching, because "no matter how the perfect realization of justice trial, if the cost is too expensive, people often can only give up the hope that through the realization of justice trial."Litigation costs system has become an important content of judicial reform in many countries.

    Litigation fee charging standard is directly related to the immediate interests of the parties. We discuss the charging standards, to take into account the cost of litigation function: on the one hand protect the litigant not because of legal costs was blocked at the door outside the court, on the other hand, to prevent the parties to the lawsuit unfair abuse.

Specifically, charging standards of litigation fees in China has the following problems: one is to determine the charge standard types of cases is not clear; two is to distinguish the operation procedures simplified charging standard is not strong; the three is the lack of operational property cases charging standards; four is the combination of litigation fees no differently treated; five is the jurisdiction objection decision in a court case charging standard is too low; the six is the labor dispute cases charging standard is too low; the seven is the case of intellectual property fees contradictions; eight is the preservation case application fee standard is not reasonable. These problems in "means to pay the cost of litigation" remains unsolved even has not been involved in.

    Reflections on the two, improve the charge standard in our country the first instance of civil and commercial litigation expenses

    (a) should be clear about the charge standard types of cases

The Supreme People's court "court litigation fees" division of the types of cases in administrative cases, the people commercial cases are divided into seven classes (1, divorce cases, 2, infringement of the right of the name, name right, portrait right, reputation right, reputation right case, 3, other non property cases, 4, property cases, 5, infringement of a patent, copyright, trademark cases, 6, labor dispute cases, 7), bankruptcy cases and confirmed different charging standards. The criteria for the classification of puzzling, classification is not a unified, seven types of cannot include all types of civil and commercial cases.

    "Regulations" means to pay the cost of litigation in the case acceptance fee standards, civil and commercial cases are divided into (a) property cases, (two) non property cases, intellectual property cases (three), (four) the labor dispute case. The method is the intellectual property rights case as complicated cases, including the property rights and personal rights of the labor dispute as special cases treated separately. Division of a "court litigation fees" is more scientific, but is not specific, clear. Specific to certain cases such as marital registration property disputes after divorce, alimony, recourse maintenance, upbringing, pension and other disputes, do not know should apply what kind of case type charging standards.

    The fact that the social and economic life is very complex, the civil and commercial activities in a constantly changing, civil and commercial legislation is also in constant development and improvement. In order to make the civil and commercial trial more standardized, the Supreme People's Court promulgated the "Regulations of the civil case case in October 30, 2000 (Trial)", "the regulations" includes four parts of fifty-four categories of 300 kinds, basically include various types of existing courts of civil and commercial cases and existing laws and regulations, the people's court it shall accept the case of civil and commercial cases. The author thinks that in accordance with the "provisions of the civil case case (Trial)" partition case category determines different charges more accurate, scientific, refinement.

    (two) enhance interoperability with simplified distinguish charging standards program

The present lawsuit expense system to determine a litigation costs is mainly based on two, the property and non property litigation and non litigation cases of the nature of nature and cases, case complexity, phase difference, the different trial level does not reflect. Determine the litigation fee basis must consider the following principles: (1) for the conservation of resources, to ensure that the national equality principle using litigation opportunities; (2) the parties to litigation principle; (3) in favor of disputes are resolved in a timely manner principle; (4) the judicial resources and litigation expenses consistent principle; (5) facilitates coordination and integration of the trial function principle; (6) is conducive to safeguarding the public interest principle. 

    "Means to pay the cost of litigation" the fifteenth stipulation: by mediation or the parties to apply for the withdrawal of the suit, half pay the case acceptance fee; sixteenth provisions: summary procedure applies to the trial of cases by half to pay the case acceptance fee. The provisions of the procedures of case complexity, trial costs are taken into account, the payment of litigation expenses is reasonable, but the operation is not strong.

    In order to mediation cases, the settlement of litigation or mediation system, to ease the contradiction between the parties, but also conducive to improving lawsuit efficiency and saving the cost of litigation, so it is adopted by many countries in the world. In addition, as a result of the lawsuit conciliation or mediation agreement is easy to perform, but also reduce and save the cost of implementation to a certain extent. Because of this, many countries and regions in order to encourage the parties to reach a settlement or mediation agreement in the litigation, the litigation legislation often whether to settlement or mediation as an important standard finally collect litigation costs.Mediation reduce charge litigation fees and to encourage the parties to resolve disputes by mediation. Before some court has stipulated mediation before trial should return half of the litigation fees, such as the Shenzhen City Intermediate People's court in the "guidance" of Shenzhen City, the basic people's court summary procedure applies to the trial of civil and commercial cases eighteenth also make this provision. Since the implementation of the provisions, promote grass-roots court further court mediation.

    At present, the withdrawal after reconciliation and mediation is relatively low, far below the 95% American. The author believes that there is a certain relationship between the burden of litigation costs of design and. In USA, to promote reconciliation, procedural law stipulates the legal consequences of reconciliation procedure and not compromise. The defendant in the 10 days before the hearing of any proposed decision scheme of the case, if the plaintiff rejected the plan, judgment and the amount of the defendant after trial the proposed scheme is equal to or less than the amount, the burden of the defendant the proposal after all expenses (including attorney fees by the hour). In China, both sides can put forward the settlement or mediation program, disagree with each other and do not bring any legal consequences, which may be an important reason for China's settlement rate is low, the backlog of cases much."Means to pay the cost of litigation" Fifteenth stipulates that by mediation of half pay the case acceptance fee, but not parties to the settlement or mediation sincerity and rationality is taken into account. The parties to the reconciliation opinions and practices as an adjunct to standard of burden of litigation expenses, discretion and give the burden on the cost of litigation, to encourage rational settlement, do not advocate "no mercy" approach, save judicial resources, achieve procedural fairness and efficiency balance.

    Exploration of ordinary procedure and summary procedure and judicial practice in the procedure of judicial resources consumption is different. For the part of a small amount of controversy, the case is not complicated, simple conservation program to replace a complex procedure, reduce the cost of litigation is necessary. "Means to pay the cost of litigation" in the provisions of summary procedure applies to the trial of cases by half pay the case acceptance fees at the same time, should be given to the parties procedural option, encourage the parties choose to apply the summary procedure or procedure, the party's right of choosing procedure and litigation benefits of combining. In addition the summary procedure in the process of trial because of different reasons into ordinary procedure, you should add the other half fee. If the plaintiff does not pay the fees for accepting the case is the other half, continue the trial or by withdrawing treatment? If the provisions in the lawsuit fee to be paid in full, the summary procedure applies to return half fee can be concluded to the embarrassment.

    In addition since the provisions of the withdrawing, half pay the case acceptance fee, should also be provided by the plaintiff refuses to appear in court or withdraw from withdrawal treatment, half pay the case acceptance fee.

    (three) involving property charges should be specific, detail

    "The people's court fees" of article fifth (four) states: "property case, according to the dispute or the amount of the following proportion of pay equity." In the trial practice the provisions of this understanding are not consistent. "Means to pay the cost of litigation" article thirteenth (a) states: "property case according to the claims of the amount or value, in accordance with the following scale piecewise cumulative pay." Similarly to the trial practice in specific circumstances can not be applied. 　　　　　　

    1 cases involving property whether all the cases according to property charges.

    The most typical is the mental damage compensation cases. Litigants in the file name right infringement, name right, portrait right, reputation right, reputation right. At the same time, put forward the spirit of damages. In such cases the charges, some people think that, if only by the charges, clearly encourages parties to the amount of the spiritual damage compensation price oneself out of the market. Because no matter how much compensation, put forward requirements, pay the case acceptance fee is the same. If in the collection of the fees for accepting the case at the same time, involving the amount of compensation, fees in accordance with the property case charges, you can limit the price oneself out of the market. Because, he must consider to pay huge fees for accepting the case problems. In fact some court clear guidance in the regulation or in operation is charged property cases, while some court is to press charges. "Means to pay the cost of litigation" article thirteenth (two) the provisions of item second obviously take a compromise, and this provides unified practice around the court. But the author thinks that the party concerned is not fair. Mental damage compensation according to each region's economic development level of different, have different standards, different judges should compensate how many also have different standards for the same damage.When the parties have not discuss and judge, how can we know the judge's mind - how much is appropriate?The plaintiff must determine an amount of compensation in advance, in more than 50000 yuan to 100000 yuan, if the expected amount higher than the judge amount, then he must bear the litigation costs for the pre estimation part; and if the expected amount less than the amount in mind, the judge is not higher than that of the request of the judgment according to the "part, don't tell" principle, so that the plaintiff will always be a loser, except that the transmission in which part or the degree of transmission. The law does not impose. Therefore, related to personality, identity of the economic interests of the request should not be charged property cases, other such as nurturing fee, maintenance, maintenance fee and other personal related property of the case shall not be charged property cases.

    If the divorce division of property disputes should be property cases should be standard fees or divorce case involving the partitioning of property cases treated. For property cases charging higher than the divorce case involving the partitioning of property charges, such as property disputes after divorce cases according to property charges, the parties will consider as far as possible in the divorce and disposed of property disputes, and sometimes a divorce case the parties family violence based on urgent requirements as soon as possible reasons for dissolution of marriage, divorce property to be part of the re treatment. This is a contradiction in terms of the parties. On the protection of personal rights should be larger than the protection based on the basic knowledge of property rights, we should try to make the parties litigation fees reflect the marriage relationship, emotional factors considered in the case of divorce, but not because of the difference of property charges and waiver or forbearance. So I think that should be specified after divorce property disputes in divorce cases involving the partitioning of property charges. 　

In marriage and family disputes and the marriage of property disputes, marital property agreement disputes, disarmament of illegal cohabitation disputes (common property may need treatment cohabitation period), these disputes and ordinary property case difference, should according to the division of property in divorce cases involving charges processing.

    As another example of some cases though the subject matter of property, but the amount is difficult to calculate, can be considered as a fee not to claim the amount or value according to the proportion of charge. New "company law" twenty-second paragraph second: "shareholders or the general meeting of shareholders, board of directors meeting convening, voting in violation of laws, administrative regulations or the articles of association, or the resolution is in violation of the articles of association of the company, the shareholders may within sixty days from the date of the resolution is made, request the people's court to revoke." The content of the resolution if the property content, how to determine the subject? And as more owners sued the buyer of real estate sales contracts as a seller's real estate development company, request the court to order the lifting part of the contents of the contract between the roof (Roofs: Tiantai) to use and the right to return from a seller's to enjoy, the Seller shall have the right to give the relevant owners use; parking area, four building conversion layer, supporting management room, outside the walls of the right to use the building naming rights, advertising rights for the seller to have. This kind of usufructuary right is the value of the property, but determined by who, how to calculate, to what standards, what procedures (such as evaluation)? Even if a value, how to let the owners? According to the proportion of buy a house? If there are other owners filed a lawsuit to bear costs? These are proportional to the amount of charge according to answer. While the charges will not face the embarrassment. Therefore, the subject is difficult to calculate case, should the case according to the degree different according to set charges grades.

    2 on the property, whether the case should distinguish claim as the action of performance, action of confirmation or change the action and the distinction between charges.

    Official Reply of the Supreme People's Court on the case of "jurisdiction issues" (compound [1996]5, and effective as of May 7, 1996) the first rule: "in either or both of the parties are not perform its obligations under a contract in case of disputes, litigation, such as the clear all the requirements to fulfill the contract in litigation request, should be based on the total contract amount plus other request value as the amount of litigation, and to determine the level of jurisdiction; if the parties request to terminate the contract in litigation request, should be to determine the amount of litigation by the specific claim amount, and to determine the level of jurisdiction." According to the classification principle of lawsuit, can be different according to the purpose and content of the litigant request for confirmation litigation, litigation of payment, change action. Litigation of payment of the plaintiff requested the defendant to fulfill the obligation to pay a certain amount of both money or property, including or not for a particular behavior. Change action refers to the plaintiff requested the court to sentence change or destroy the existing some civil legal relationship of litigation. According to the request of the parties to fulfill the contract lawsuit should give lawsuit, demands the termination of the contract shall be modified v.. The provisions of the Supreme Court seemed to establish property cases should be v. classification to distinguish charges. In 2003 the Supreme Court to Guangdong Provincial Higher People's court "on the method of complex client request to terminate the contract in litigation request No. [1996]5", should be the specific meaning to determine the amount of subject matter of litigation "with its specific claim amounts to the reply" again clearly this view. Opinion makes clear: "the claim amount" specific refers only to the additional amount of the claim in the contract, such as compensation, return the amount, as the claim amount. If the litigant request only demands the termination of the contract, no other requests, according to property cases minimum criteria for the charges each charge 100 yuan of litigation fee. The problem is to distinguish the reason for the charges is what. Requests the termination of the contract change action or that the contract was invalid confirmation hearing on the degree of difficulty than hearing request to perform the contract litigation of payment is simple. And the provisions of the Supreme Court did not complete all possible, provided only or both of the parties are not perform its obligations under a contract, no part or all of its performance requirements; provides only demands the termination of the contract, does not require that the contract was invalid condition. In addition there is a party fails to perform or partial performance of the contract, and the other party to perform partly or all performance situations. According to the specific performance of contractual obligations and claims of permutation and combination, can have the combination of more than ten, is used to distinguish the charges difficult to distinguish very also don't know what is the rationality. And contract fulfillment degree only by the plaintiffs pleadings and evidence to identify, is not the actual performance.

    Therefore the author think should specify the types of litigation fees do not distinguish respectively, but not in the contract is performed, to how to distinguish, in order to prevent the parties, agents of the different understanding and the unnecessary charges, the amount of doubt. Or the thirteenth paragraph of article (a) provision "property case according to the claims of the amount or value, in accordance with the following scale piecewise cumulative pay" defined as "property cases according to the litigation request asking the court to confirm, alter or asking the court to order the payment of the amount or value, in accordance with the following scale piecewise cumulative pay".

    3 on the "how to define the amount or the amount of" litigation request.

    If the creditor according to "contract law" article seventy-fourth the exercise of creditor's right of revocation request the court to revoke the civil behavior of debtor and the third person, because the understanding not unified in accepting the case by a charge, but in the entity trial should be considered according to the charging amount or the amount of disputes and for the parties to pay the legal fees. The parties to enter substantial trials and then allowed to pay litigation costs can not accept. In the exercise of revocation right will be delivered up creditor's rights or transfers gratis its property, which is obviously unreasonable low price of the property value is greater than the debt situation, especially when the transfer of the property as indivisible objects such as real estate, transfer of creditor request the court to cancel the debtor, and the value of the property and more than creditor's rights. At this point should be to the value of the property or to the actual amount of the claim the creditor to fee. I think we should clear up, the debtor creditor's rights or transfers gratis property, which is obviously unreasonable low price transfer of property, such as value amount of obligation or transfer of abandoned property than creditor's rights or the amount in dispute, should according to the claims of creditors; such as creditor's rights transfer amount or give up property values less than creditors creditor's rights, should according to the actual value of give up, the transfer of property calculation.

    At this time there is a problem, the debtor obviously unreasonable low price transfer of property, transfer of property value to the actual value for the quasi or to transfer value for the quasi. This confusion also appears in the shareholder's preemptive, request the court to revoke the other shareholders equity transfer behavior in the case of low price. As mentioned the Shenzhen City Rui fox industrial limited company shareholder priority case, price to 1 yuan registered capital of $2000000 to buy 10% of the shares of the company. In addition, such as real estate current value and the registration of property rights registration prices. The author thinks that in determining the property value, such as with the relevant government departments such as the registration of real estate management department, the Department of industry and commerce value, its value for registration. No registration publicity value, in the case of pre charge, to the plaintiff's claim shall prevail (not in the case requires the plaintiff to provide value assessment report), the actual value of the conclusion of the case to the approved shall prevail.

    The civil case litigation request all kinds of, all sorts of strange things, in legislation may not apply to all the property case how to determine the "claim amount or value", but some of the common, typical cases, and can be illustrated. As for the other party to fulfill the procedures for the transfer of real estate, is to the value of property or to go through the formalities required cost shall prevail; divorce request a part of division of common property in common, is the property or to the claim part shall prevail; request to change the contract price or remuneration, is based on the original contract price or returns or to the difference that change shall prevail; request the lifting of the lease contract has been partially implemented, is based on the total amount of the contract or fails to fulfill part shall prevail.

    4 after the prosecution, reduce the amount of increased litigation request whether the corresponding pay or refund of costs.

    "Means to pay the cost of litigation" stipulates that the twenty-first party litigation: increase the amount requested, in accordance with the claim amount increased after the calculation of the parties in the end pay; investigation before the court is proposed to reduce the amount of the claim, in accordance with the litigation request reduced the amount of calculation of a refund.

    The author thinks that increase the claim amount, we should distinguish different cases. If different litigation request, is actually with the object of litigation, the case acceptance fee calculated respectively according to different litigation request, the corresponding increase in the amount of charge acceptance fee. Increase of the request and the original request to belong to the same litigation request, such as contract dispute of request payment of a loan, and increase the payment amount required in litigation, the additive amount shall be calculated subject after fees, pay the difference.

    The author encountered by the plaintiff or the defendant filed calculation error in the received notice after the return of part of the arrears in the trial practice, the plaintiff litigation request amount reduce, to request the court to reduce fees, refund situation. The author thinks that reduce claim amount, should not be reduced, refund fee. A plaintiff lawsuit should be cautious, such as calculating error should take multiple computing part of the litigation costs; on the other hand, to prevent the emergence of during the trial, the defendant according to the court's fact, realize the verdict will be to their disadvantage, and returned all the money, the plaintiff's claim amount is reduced to zero, absurd the situation demanded a full refund of litigation fees; or the original, the defendant to gang up, the vast majority of arrears, the plaintiff requests the court to return the majority of processing fees unreasonable phenomenon. The fact that the defendant is in the lawsuit returned the arrears, the breach of contract breach or infringement, should bear part of the cost of litigation.

    (four) perfect combination of litigation fees

    In the body of litigation when the merger, such as is necessary joint action, due to the object of action is common, fee should be the target of the dispute amount; as is common joint action, such as multiple owners of a residential housing developers extension sought for prosecution of the payment default payment, due to the object of action is the same species, fee should be the dispute between the subjects of legal relationship subject were calculated.

    In the litigation object when combined, according to legal relationship involves one or more determined or consolidated charge litigation fees are calculated respectively. If the original defendant tell please pay damages for loss of rental housing and rental housing, the two claims are related, the former is the breach of contract obligation, the latter tort obligation, should calculate fee be charged.

    How to determine whether a claim is "different litigation request"? Charged with the same legal relationship, submit within a period of time series of contracts of sale, in the prosecution of the two sides only oral contract prosecution submit multiple copies of the bill of lading, shall be deemed to be the same litigation request merge fees, or identify the claims were calculated for different. There are different ways in the trial practice, some courts to request the parties to submit copies of the bill of lading as several cases were sued, ready to file material and calculate costs. The author thinks that not only for the parties to pay legal fees, and increased the burden of parties, the court trial cost more, so cause the waste of resources, low efficiency of the trial judge. The law should stipulate this situation does not belong to the "different litigation request".

    (five) should be raised objection to the jurisdiction of court cases and appeals fees

    "Means to pay the cost of litigation" article thirteenth (six) provides: party raises objection to the jurisdiction of the case, if the objection is not established, to pay 50 yuan to 100 yuan per piece. Article eighth stipulates that objections to jurisdiction that disagrees with the case of appeal does not pay the case acceptance fee. The difference between the provisions of the people's court than before is: before the provisions of the jurisdiction objection must pay a fee, now provides that the opposition is not justified, to pay 50 yuan to 100 yuan per piece; before the provisions of the first instance dismissed the objection to the jurisdiction of the decision not to accept the appeal case, according to the non property cases charges calculated charge the case acceptance fee (10 yuan to 50 yuan), now defined as no longer pay.

    "Regulations" means to pay the cost of litigation of practices more scientific than before from the form, but the delay action on some borrow jurisdiction objection power would not really plays the role of inhibition. The provisions on the jurisdiction objection that disagrees with the case of appeal does not pay the fee for accepting the case, will lead to the abuse of the right of appeal. At present our country first instance jurisdiction objection to appeal the decision rate is extremely high, such as Shenzhen City, Nanshan District in 2005 2006, the court of jurisdiction objection appeal rate was more than 95%. This not only increases the court the burden of work, waste of judicial resources, but also from the transfer case to the trial court is completed at least spend two or three months time, the defendant often take the technique "legally", to avoid the legal litigation drag. Therefore, to reject the objection to jurisdiction case should raise the standard charge, a case on appeal against a ruling of the objection to jurisdiction should also be distinguished property cases and non cases respectively property charges, the property jurisdiction objection appeal the decision according to a certain percentage of fees, so as to increase the appellant appeal abuse of protracted lawsuit cost, prevent the evasion of law.

    (six) the adjustment of labor dispute cases charges

    "Means to pay the cost of litigation" article thirteenth (four): labor dispute cases shall pay 10 yuan each. The author believes that labor dispute cases should apply judicial assistance, reducing corrosion, the exemption of the litigation fee system, and should not press charges to pay 10 yuan each. Since the labor dispute cases according to the charges 50 yuan, some courts include the Shenzhen City Intermediate People's court prosecution or appeal provisions of workers labor dispute cases, workers do not pay fees for accepting the case; the conclusion of the case, shall be borne by the losing party. So the stipulation the intention is to protect vulnerable groups, but the actual effect but get the opposite of what one wants. According to rough statistics, the labor dispute cases the employer had accounted for six into above. Losing the employer only pay 50 yuan fee, did not assume their corresponding responsibilities. And the labor dispute cases appeal rate reached more than 70 percent, much higher than other civil appeal rate, and the fee is only 50 yuan has the very big relations. As a result of labor disputes through arbitration, most of it through a instance, the second instance procedure, which lasted at least more than half a year, some workers who can't wait to effective judgment has left the city under the home, is the result of damage to the interests of the workers. While the workers lost the case, the case has not paid the legal costs cannot be recovered, causing case for not paid the legal costs cannot be archived files. Now the fee to 10 yuan more would encourage employers to delay the proceedings practices and ethos. The author thinks that should improve the acceptance fee of the labor dispute cases, the workers are applicable exemption of litigation fees of legal aid.

    (seven) the definition of intellectual property cases charges

    "Regulations on intellectual property cases means to pay the cost of litigation" is basically the same with the "people's court litigation fees", article thirteenth (three) requirement: civil cases of intellectual property right, did not dispute the amount or value, to pay 500 yuan to 1000 yuan per piece; disputed the amount or value of the property, paid in accordance with the case standard. There is a conflict, if the dispute the amount or value smaller, according to property case standard calculation instead of less than 500 yuan to 1000 yuan, 500 yuan to 1000 yuan shall be paid, or by the property case standard calculation results to pay. The author thinks, intellectual property cases because of the case is difficult, complex, difficult trial hearing, high cost, did not dispute the amount or value, according to 500 yuan to 1000 yuan to pay the very reasonable. Disputed the amount or value, shall be calculated in accordance with the standards for property cases.

    (eight) should be adjusted to save fees

    Property preservation in the application according to the application time is the amount of. But in the actual amount is less than the property preservation application amount, if the applicant fails to change its application amount, it reserves the right to request the court to increase security by the applicant property rights, still should collect fees according to the preservation of the requested amount. If a corresponding reduction in preservation amount the application, then the application fee should be reduced accordingly.

    "Means to pay the cost of litigation" not stipulated in the preservation of evidence for the application fee, should be specified to apply for preservation of the evidence by a collection of application fee.