On the legal fees and commitment, "foreign to the general counsel fee shall be borne by the losing party" as a general rule, but in our country, the laws and regulations of our country and will not burden of litigation costs between the parties as the adjustment object, and only pays attention to the cost burden between the court and the parties. Therefore, if the agreement is not clear legal fees, court of litigation request lawyer fees are generally not processing. But according to China's current judicial interpretation, in the following nine types of court cases, clearly defined reasonable attorney's fees of the prevailing party shall be borne by the losing party: 1) the personal injury compensation, defamation, traffic accident cases: 2) legal aid cases); 3 cases of infringement of copyright; 4) trademark right infringement cases; 5) patent infringement cases; 6) anti unfair competition cases; 7) the right to revoke the contract dispute case exercise creditors; 8) secured litigation cases; 9) arbitration cases.

One, the legal, judicial interpretation stipulates nine kinds of cases reasonable attorney's fees of the prevailing party shall be borne by the losing party:

1, personal injury compensation, reputation infringement, the traffic accident case.

China's "general principles of civil law" 119th stipulates: "a citizen's person causing physical injury, shall compensate for the medical expenses, lost income, reduce disability allowance for daily life; cause of death, and shall pay the funeral expenses, the dependents of the necessary living expenses." Our country "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case to explain the" seventeenth provisions of the third paragraph of : "the death of the victim, the obligation of reparation related should according to the rescue treatment of the first compensation section of the prescribed fee, should also be compensation for funeral expenses, living expenses for dependents, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time loss and other reasonable." In 2000 Shanghai Higher People's court in the early to make "on the issuance of a few" about civil trial suggestions according to the "notice in the cases of compensation for personal injury lawyer proposed " belongs to property charges in the property interests, can in principle be as."

2, legal aid cases:

"Notice" the Ministry of justice Supreme People's Court on issues concerning legal aid work civil seventh: "the legal aid staff for legal aid cases required travel, printing costs, transportation and communication costs, investigation and evidence collection of fees, the necessary expenses, the recipient into the litigation request, the court according to the specific situation to bear by the the losing party non recipient". Therefore, lawyers for legal aid cases, suggested that lawyer fees included in the claim, request the defendant bear.

3, copyright infringement case:

"Copyright law" the forty-eighth stipulation: " infringement of copyright or copyright related rights, the infringer shall be in accordance with the actual loss to give people the right to compensation; computation of the actual loss is difficult, given the illegal income can be in accordance with the infringer. The compensation shall include the reasonable expenses paid by the right to stop the infringing acts of". According to the "Regulations of the Supreme People's Court on Several Issues concerning the application of civil disputes over copyright interpretation" of article twenty-sixth, "the reasonable expenses copyright act forty-eighth provisions of the first paragraph of stopping the infringement of payment, including the reasonable expenses the right holder or authorized agent on the infringement investigation, forensics. The people's court according to the claim of the parties and the specific case, it will be in accordance with the provisions of the relevant departments of the state attorney fees in the compensation scope".

4, the trademark right infringement cases:

"The Supreme People's Court on the law applicable to a number of cases of civil disputes trademark explanation" seventeenth stipulates: reasonable paragraph fifty-sixth first "trademark law in stopping the infringement to pay the expenses, including the reasonable rights or entrust an agent to act of tort for investigation, evidence collection. The people's court according to the claim and the circumstances of the case the parties, can be in accordance with the provisions of the relevant departments of the state attorney fees in the compensation scope."

5, the patent infringement case:

"Regulations" provisions of article twenty-second of the Supreme People's Court on the trial of patent dispute case applicable legal issues : "the people's court according to the request by the holder of right and the specific case, can be the right person for investigation, reasonable to stop the infringement to pay the cost of calculation in the amount of compensation."

6, unfair competition cases

"Anti Unfair Competition Law" Twentieth stipulation: the operator violates the provisions of this law, causes damage to the infringed business operators, it shall be liable for damages, the infringed business operators losses are difficult to calculate, the amount of compensation for the infringement by the damager during profits; reasonable costs and be unfair competition assume infringed business operators for the investigation of the operator infringed upon their legitimate rights and interests paid.

Revocation of the right to exercise the creditor litigation cases 7, contract disputes:

Interpretation of the Supreme People's court "on the application of contract law '' of the people's Republic of China (a)" twenty-sixth stipulates: "the creditor exercise the right of revocation of the payment of attorney fees, travel expenses and other necessary expenses, shall be borne by the debtor; third people are at fault, should be properly."

8, guarantee right litigation:

"PRC security law" the twenty-first stipulation: "the scope of the suretyship guaranty includes the principal claim and interest, liquidated damages, damages and claims costs." analysis: the debtor about fulfilling debt, creditor's rights and interests can be achieved, because the debtor does not fulfill the obligations, the creditor must through litigation to the realization of the right, the payment of legal fees is the parties for the realization of the creditor's rights and expenses, which belongs to the property losses, "guarantee law" the provisions of article twenty-first "the realization of creditor's rights shall include the reasonable expenses".

9, commercial arbitration cases

Arbitration may be support for the legal fees shall be borne by the losing party the request for arbitration. 1994, 1995, 1998, 2000 version of the "Chinese international economic and Trade Arbitration Commission for arbitration rules" (referred to as "CIETAC rules") has similar provisions, the arbitration tribunal has the power to determine in the award the losing party shall compensate the prevailing party for the handling of a case of the expenses reasonably incurred by, but the amount of compensation shall not exceed the prevailing party won 10% of the amount. In practice, the cost also includes the attorney's fees, but there is a limit to the amount of 10% of the proportion of successful. The latest "CIETAC rules" (2005 Edition) has cancelled the limit set forth in this 10%, the forty-sixth stipulation: "the expense to undertake: (a) the arbitration tribunal has the power to determine in the arbitral award the arbitration fee shall be the parties eventually to the Arbitration Commission to pay and other expenses. (two) the arbitration tribunal has the right according to the circumstances of the case in the award that the losing party shall compensate the prevailing party for handling cases and the reasonable expenses expenditure. The tribunal ruled that the losing party compensation the prevailing party's expenses incurred in pursuing the case is reasonable, given case verdict, complexity, the winning party and / or agent of the actual workload and the dispute amount and other factors". Obviously, this to the discretion of the arbitration tribunal greater rights.

Two, both sides in the contract clearly agreed fees shall be borne by the losing party.

According to the principle of freedom of contract, as long as the parties have agreed fees shall be borne by the losing party in the contract, in the lawsuit or arbitration, litigation request of lawyers generally supported.

Counsel:

The parties in the contract, the legal costs as compensation for breach of contract in the content, way, can even afford lawyers take standard also specified. In this clause, the required special attention must be clearly stated "legal fees", such as "to achieve debt costs" are the agreement is not clear, may not be on the legal fees to support, the court agreed to review very strict. The plaintiff shall submit the signed contract and law firms and law firms lawyer fee invoice issued as a lawyer fees payment evidence in the proceedings. Discretion but the specific number of support will depend on the judge, according to the nature of the case to support, usually the court will support "reasonable" attorney's fees, but not all of the cost. (source: Shaoyang lawyer lawyer Ouyang Aixiang)