Means to pay the cost of litigation

(Decree No. 481st of the State Council)

Already in December 8, 2006 the State Council executive meeting of the 159th through, is hereby promulgated, shall enter into force as of April 1, 2007.

Chapter I General Provisions

Article 1　
Article secondParties to civil litigation, administrative litigation, it shall pay litigation costs in accordance with the present measures.
These measures can not pay the exception or exemption from payment of litigation costs.
Article thirdCollect fees from the parties shall not violate the provisions of these measures and scope of standard in the process of lawsuit.
Article fourthTo provide legal aid to State Party has difficulties in paying litigation costs, guarantee their exercise their litigation rights according to law, safeguard their legitimate rights and interests.
Article fifthForeigners, stateless persons, foreign enterprises or organizations in the people's court proceedings, the application of this approach.
The people's Republic of China citizen, legal person or other organization of foreign court, instead of their citizens, legal persons or other organizations in the litigation cost of pay of different treatments, in accordance with the principle of reciprocity processing.

The second chapter litigation cost range
Article SixthThe parties shall pay to the people's court litigation expenses include:
(a) the case acceptance fee;
(two) the application fee;
(three) the witnesses and expert witnesses, interpreters, adjustment personnel appearing in the people's court at a specified date occurs the cost of transportation, accommodation, living costs and delays subsidies.
Article seventhThe case acceptance fee includes:
(a) the first case acceptance fee;
(two) second the case acceptance fee;

   (three) the retrial cases, in accordance with the provisions of this approach is required to pay the fees for accepting the case.
Article eighthThe following case does not pay the case acceptance fee:
(a)
Two.RuleShall not accept the case, the prosecution dismissed, dismissed the appeal of the case;
(three) the inadmissible, the prosecution dismissed the objection and ruled against jurisdiction, the case of appeal;
Four.
Article ninthAccording to the provisions of the civil procedure law, the procedure for trial supervision (superior court or dean of instruction) court cases, the parties do not pay the case acceptance fee.

However, except in the following circumstances:
(a) the parties have new evidence, enough to reverse the original judgment or ruling, apply to the people's court for retrial, the people's court review of a decision by the retrial of the case;
(two) the parties to the people's Court of first instance or the ruling did not appeal, the first judgment, ruling or mediation book takes legal effect and the application for retrial, the people's court review of a decision by the retrial of the case.
Article tenthThe parties shall apply to the people's court for the following items, it shall pay the application fee:
(a) the people's court for enforcement of a legally effective judgment, ruling, conciliation, arbitration institution shall make an award or letter of mediation, a notarization institution shall give the creditor's rights enforceable;
(two) for the preservation measures;
(three) for an order of payment;
(four) application for public summons;
Five.
Six.
Seven.
(eight) apply for recognition and enforcement of foreign judgments, rulings.
Article eleventhThe witnesses and expert witnesses, interpreters, adjustment personnel appearing in the people's court at a specified date occurs the cost of transportation, accommodation, living costs and delays subsidies, the people's court in accordance with the provisions of national standards to charge.
Parties to copy the files of the case materials and legal documents shall be submitted to the people's court to pay the actual cost of production.

Article twelfth　In the process of litigation forIdentification, announcement, inspection, assessment, auction, sale, translation,Warehousing, storage, transport, ship supervision according to law by the parties occurred shall bear the costs of,The people's court according to the who advocates, who burden principle, determined by the parties to the relevant institutions or direct payments unit, the people's court shall not withhold and pay.
The people's court to provide local national common language, language translation in accordance with the provisions of the Civil Procedure Law of the eleventh provisions of the third paragraph, do not charge a fee.

The third chapter litigation cost standard

Article thirteenthThe fees for accepting the case in accordance with the following standards to pay:
(a) property cases

(two) non property cases paid in accordance with the following criteria:
1 cases of divorce to pay 50 yuan to 300 yuan per piece. Involving the partitioning of property, the total value of the property is not more than 200000 yuan, without pay; more than 200000 yuan part, in accordance with the 0.5% pay.
2

3
Three.
Four.
Five.

(six) the parties make jurisdiction objection, objection can not be established, to pay 50 yuan to 100 yuan per piece.
Article fourteenthApplication fees are paid in accordance with the following criteria:
(a) the people's court for enforcement of a legally effective judgment, ruling, according to the people's court mediation, arbitration institution shall make an award or letter of mediation, notary organs in accordance with the law gives creditor's rights enforceable, apply for recognition and enforcement of foreign judgments, rulings and the award of a foreign arbitration institution, paid in accordance with the following criteria:
1 is not the implementation of the amount or value, to pay 50 yuan to 500 yuan per piece.
2 the implementation of the amount or value does not exceed 10000 yuan, each to pay 50 yuan; more than 10000 yuan to 500000 yuan part, in accordance with the 1.5% pay; more than 500000 yuan to 5000000 yuan part, in accordance with the 1% pay; more than 5000000 yuan to 10000000 yuan part, in accordance with the 0.5% pay; more than 10000000 yuan part, in accordance with the 0.1% pay.
3 according to the Civil Procedure Law of the fifty-fifth paragraph fourth, did not participate in the registration rights filed a lawsuit to the people's court, application fee paid in accordance with the provisions of the standard, no longer pay the case acceptance fee.
(two) for the preservation measures, according to the actual security property amount paid in accordance with the following criteria:
Property amount is not more than 1000 yuan or not relates to the amount of property, each to pay 30 yuan; more than 1000 yuan to 100000 yuan part, in accordance with the 1% pay; more than 100000 yuan part, in accordance with the 0.5% pay. However, if the parties apply for preservation measures to pay the costs of up to more than 5000 yuan.
Three.
(four) apply for an exigency known to the public, to pay 100 yuan each.
Five.

Six.
Seven.
Article fifteenthBy mediation or the parties to apply for the withdrawal of the suit, half pay the case acceptance fee.
Article sixteenthSummary procedure applies to the trial of cases by half to pay the case acceptance fee.
Article seventeenth　
Article eighteenth　
Article nineteenthIn accordance with the present measures, Ninth is required to pay the fees for accepting the case in accordance with the retrial cases, against the original judgment part of the retrial request amount pay the case acceptance fee.
The fourth chapter to pay litigation costs and refund
Article twentiethThe fees for accepting the case by the plaintiff, the appellant intended.

Application fee (such as for identification, announcement, inspection, translation, assessment, auction fees) by the applicant. However, the people's court for enforcement of a legally effective judgment, ruling, mediation book application fee is not by the applicant, the enforcement application fee pay after the execution.
Eleventh the provisions of this approach costs, be practical after the occurrence of pay.
   (i.e.: the witnesses and expert witnesses, interpreters, adjustment personnel appearing in the people's court at a specified date occurs the cost of transportation, accommodation, living costs and delays subsidies, the people's court in accordance with the provisions of national standards to charge.
Parties to copy the files of the case materials and legal documents shall be submitted to the people's court to pay the actual cost of production)
Article twenty-firstThe litigants in the lawsuit request change amount, the fees for accepting the case processing in accordance with the following provisions:
(a) the amount requested in accordance with the increase of litigation, litigation request an increase in the amount of calculation after payment;
(two) the parties in the end before the court litigation request investigation is proposed to reduce the amount of litigation request, in accordance with the reduced amount of calculation of a refund.
Article twenty-secondThe people's court to pay the litigation costs of receipt of notice within 7 days following the date of pay the case acceptance fee; counterclaim cases filed counterclaims by the parties since the counterclaim filed within 7 days after the payment of the fees for accepting the case.
The case acceptance fee by the appellant submitted to the people's court when the appeal. Both parties appealed in advance, respectively. The appellant in the appeal period has not paid the cost of litigation, the people's court shall notify the payment within 7 days.
The application fee by the applicant or the people's court within the time limit specified in the.
If the party concerned refuses to pay the litigation costs and did not put forward to apply for judicial aid, or for approval of judicial relief is not, in the people's court within a specified period of time not to pay the cost of litigation, handled by the people's court in accordance with the relevant provisions.
Article twenty-thirdIn accordance with the present measures, Ninth is required to pay the fees for accepting the case of retrial cases, the application for retrial parties in advance. Both parties to apply for a retrial, respectively in advance.
Article twenty-fourthAccording to the civil procedure law thirty-sixth, thirty-seventh, thirty-eighth, thirty-ninth provisions, transfer the case to the people's court shall, within the party advance payment of litigation costs with the case transferred to the people's court receives the case.
Article twenty-fifthThe people's court found in the process of criminal suspects and the case is transferred to the relevant department for handling, the parties to pay the case acceptance fee refunded; after the need to continue to civil case trial, the parties have to pay the case acceptance fee is not refundable.
Article twenty-sixthSuspension of litigation, the suspension of execution case, have to pay the fees for accepting the case, the application fee is non refundable. Suspension of litigation, the suspension of execution cause elimination, recovery procedure, execution, no longer pay the case acceptance fee, application fee.
Article twenty-seventhThe people's Court of second instance decision remanded, shall refund the appellant has to pay second the case acceptance fee.
  The people's Court of first instance ruled inadmissible or rejected the prosecution, shall refund the parties have to pay the fees for accepting the case; if the people's Court of first instance shall not accept the case, the prosecution dismissed the appeal ruling, the people's Court of second instance to maintain the ruling People's Court of first instance made, the people's Court of first instance shall refund the parties have to pay the case acceptance fee.
Article twenty-eighthIn accordance with the provisions of the Civil Procedure Law of the end of 137th cases, according to the provisions of these measures has to pay the case acceptance fee is not refundable.
The fifth chapter is the burden of the cost of litigation
Article twenty-ninthLitigation costs shall be borne by the losing party, unless the party in favor of voluntarily assumed.
Some successful, some lost, by decision of a people's court according to the circumstances of the case the burden of the parties respective amounts of litigation costs.
Common litigant lost, the people's court according to the object of action of interested parties, the parties decide their own burden of litigation expenses amount.
Article thirtiethThe people's Court of second instance to change the people's Court of first instance judgment, ruling, the people's Court of first instance shall change the burden on the litigation cost decision.
Article thirty-firstAgreement is reached through mediation by the people's court case, the burden of the cost of litigation settlement by the two parties through consultation; consultation fails, the people's court.
Article thirty-secondIn accordance with the provisions of this approach to Article ninth (a), article (two) the provisions of item shall pay the fee for accepting the case of retrial cases, the cost of litigation by the application for retrial parties; both parties to apply for a retrial, the litigation costs in accordance with the provisions of the provisions of article twenty-ninth of the burden. The burden of litigation costs borne by the people's court according to the cost of litigation principles to determine the.
Article thirty-thirdDivorce cases the burden of the cost of litigation settlement by the two parties through consultation; consultation fails, the people's court.
Article thirty-fourthIn civil cases, the plaintiff or the appellant applies for withdrawal of the case, the people's court shall permit, case acceptance fee shall be borne by the plaintiff or the appellant.
Article thirty-fifthThe party proposed to reduce litigation request amount in the end the court of inquiry after the request, reduce the amount of the fees for accepting the case by the litigants burden change request.
Article thirty-sixth　
Article thirty-seventhThe public notice of the application fee shall be borne by the applicant.
Article thirty-eighthThis approach to Article tenth (a), article (eight) shall be executed by the application fee burden.
Implementation of the parties reached a settlement agreement, application fee burden to solve by the two parties through consultation; consultation fails, the people's court.
This approach to Article tenth (two) required the application fee shall be borne by the applicant, the applicant filed, the application fee can be included in the claim.
Article thirty-ninth　

Article fortiethThe parties for their own reasons failed to produce evidence in proof period, during the second instance and retrial presents new evidence in the litigation costs to increase, the increased litigation costs shall be borne by the party concerned.
Article forty-firstIn accordance with the special trial procedure announcement fees, borne by the plaintiff or the applicant.
Article forty-second　
Article forty-thirdThe parties may not be alone on the decision of the people's Court of appeal about the cost of litigation.
The individual has any objection to the court decision about the cost of litigation, to make the decision of the president of the people's court for review. The review decision shall be made within 15 days from the date of receiving the application.
Objection litigation costs calculated party decided on by the people's court, the people's court may decide to make the request for review. The calculation is wrong, the people's court decision should be corrected.
The sixth chapter judicial assistance
Article forty-fourthIf really has difficulties in paying litigation costs, can apply for a postponement, reduction or exemption of the litigation costs of judicial relief to the people's court in accordance with the present measures.
The exemption of litigation costs may apply only to natural persons.
Article forty-fifthIf the parties apply for judicial relief, one of the following circumstances, the people's court shall permit the exemption of the litigation costs:
(a) persons with no fixed source of;
(two) recourse alimony, maintenance, upbringing, pension;
(three) the minimum living object, the rural poor relief regularly object, the beneficiaries or unemployment insurance, no other income;
(four) due to do boldly what is righteous or for the protection of public interests in their own legitimate rights and interests are damaged, himself or his close relatives to claim compensation or compensation;
(five) other circumstances do need free.
Article forty-sixthIf the parties apply for judicial relief, one of the following circumstances, the people's court shall permit the reduction of litigation costs:
(a) due to natural disasters and other force majeure caused by the difficulties of life, is to accept the social relief, or family business difficult to continue;
(two) the provisions of the state, the special place belongs to object;
(three) social welfare agencies and relief management station;
(four) really need to lose any other hand.
The people's court to permit reduction of litigation costs, reduction ratio shall not be less than 30%.
Article forty-seventhIf the parties apply for judicial relief, one of the following circumstances, the people's court shall permit the postponement of the litigation costs:
(a)

Two.
(three) are receiving the Legal Aid Department concerned;
(four) really need other circumstances under which postponement.
Article forty-eighthIf the parties apply for legal aid, it shall submit a written application, in the prosecution or appeal to prove proof materials which have financial difficulties and other relevant materials of proof.
Because of the difficulties of life or recourse of basic living expenses, apply for exemption from the reduction of litigation costs, should also provideTo prove himself and family economic status conforms to the standard stipulated by the local citizens with economic difficulties civil affairs, labor security department.

  The people's court for judicial assistance shall not approve, it shallWrittenExplain the reason.
Article forty-ninthIf the parties apply for postponement of the litigation costs after examination and complies with the provisions stipulated in article forty-seventh, the people's court shall decide whether to approve the before to postpone decisions.
Article fiftiethThe people's court for judicial assistance to one party, the other party loses, the cost of litigation by the other party the burden; the other party case, can be considered for judicial assistance of the economic situation of the parties to determine the reduction, exemption of the litigation costs.
Article fifty-firstThe people's court to grant the reduction, exemption of litigation fees, shall be specified in the legal document.
Management and supervision of the seventh chapter of litigation costs
Article fifty-secondThe financial department of the people's court printed collection of litigation expenses in accordance with its financial affiliation with the finance department under the State Council or the people's government at the provincial level financial bills. The party holding the payment voucher to the designated agency bank to pay.

Article fifty-third　After trying a case, the people's court shall notify the parties in writing of the amount of litigation costs and the parties shall afford detailed listAt the same time, in the judgment, ruling or letter of mediation that parties concerned shall burden amount.
　　Need to refund the litigation costs to the parties concerned, the people's court shall within 15 days of date of return relevant parties from legal document.
Article fifty-fourth　The competent pricing department, finance departmentAccording to the division of management responsibilities, management and supervision of the litigation costs;To collect fees in violation of the provisions of the present MeasuresIn accordance with the laws, regulations, and relevant provisions of the State CouncilTo investigate and punish.
The eighth chapter supplementary provisions
Article fifty-fifth　
Article fifty-sixthThe present Measures shall be implemented as of April 1, 2007.