Cases of first instance shall be borne by the losing party burden, this is the general principles of burden of litigation expenses.But according to the specific circumstances of the case of the differences, and different load way.The main situation:
The proportional burden.The part of losing, part of the case, the cost of litigation by both parties according to the proportion of shared responsibility; common lawsuit people lost, by the court according to the common litigants to benefit their proportion of litigation decisions each burden amount.The supremeCivil lawInstitute "on the implementation of 'of the people's Republic of ChinaAdministrative Procedure Law'views (Trial) "the provisions of article 106th, the people's court to maintain and revocation of administrative acts of the executive authorities, the cost of litigation by the original, accused both sides according to the size of the liability share.
The burden of consultation.With mediation litigation expense will be negotiated by the parties, if no agreement is reached through consultation by the court.
The plaintiff's burden.Withdrawal of the case by the half of the burden of litigation costs, other costs according to actual amount charged; the prosecution dismissed the case acceptance fee by the prosecution of the parties.
The court decided the burden.This is only applicable to the cases of divorce, divorce cases because successful people do not necessarily no fault, while the loser must not bear the main responsibility, so by the court decided according to the actual situation.
The parties' burden.This applies to the action of unfair payment of litigation costs.Such as instructed others to commit perjury, the costs incurred by letting people burden.
The respondent burden.This mainly refers to the application performs the actual spending and the execution cost by the respondent burden, including the execution of the criminal judgment, ruling the cost of property.For property preservation measures and the application fee, shall be borne by the losing party.
The applicant burden.This means that the shipowner liability limitation, the public summons application fee; for an order of payment. Due to the objection of the debtor application fee.
In addition, the Supreme People's court "on the implementation of the administrative procedural law '' of the people's Republic of China (for Trial Implementation)" the views of the provisions of article 107th, in the course of the proceedings the defendant to change the specific administrative act, the plaintiff applies for withdrawal of the case, the people's court shall permit, the fees for accepting the case by the defendant, charged by half.Other litigation costs according to the actual expenditure charged.If the plaintiff did not withdraw or the people's court are not allowed to withdraw, the litigation costs shall be borne by the losing party.If the parties apply for replication in connection with the case materials andLawDocumentProduction costs borne by the applicant.