The litigation fees 2007Years10Month05Day

Chapter I General Provisions

First, according to the "PRC Civil Procedure Law" (hereinafter referred to as the Civil Procedure Law of the people's Republic of China) and the "administrative procedure law" (hereinafter referred to as the relevant provisions of the administrative procedure law), the enactment of this approach.

The second party 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.

Third in the course of legal proceedings shall not violate the provisions of these measures and scope of the standard charge to parties.

To provide legal aid to fourth countries has difficulty of litigation cost of the parties, safeguard the lawful exercise of their litigation rights, safeguard their legitimate rights and interests.

Fifth of foreigners, 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 sixth the 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 seventh the 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 eighth the following cases do not pay the case acceptance fee:

　　(A)In accordance with the special procedure in the civil litigation law cases;

　　(Two)Ruled inadmissible, the prosecution dismissed, dismissed the appeal of the case;

　　(Three)On not accepting, the prosecution dismissed the objection and ruled against jurisdiction, the case of appeal;

(four) the administrative compensation cases.

Ninth cases according to the provisions of the civil procedure law and administrative procedure law on the procedure for trial supervision procedure, 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 tenth the 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) for the cancellation of the arbitration award or confirm the validity of arbitration agreement;

(six) filed for bankruptcy;

(seven) applying for a maritime injunction, the adjustment of general average, the limitation fund for maritime claims, liability for maritime claims registration, maritime liens;

(eight) apply for recognition and enforcement of foreign judgments, rulings and the award of a foreign arbitration institution.

Article eleventh 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 twelfth litigation process for identification, announcement, inspection, assessment, auction, translation, sale, storage, storage, transportation, ship supervision according to law by the parties occurred shall afford the expenses, the people's court according to the who advocates, who burden principle, decided by the parties to the relevant institutions or direct payments unit, people the 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 thirteenth the fees for accepting the case in accordance with the following standards to pay:

(a) property case according to the claims of the amount or value, in accordance with the following scale piecewise cumulative pay:

　　1No more than1Million, each to pay50Element;

　　2Exceed1Million to10Million yuan part, in accordance with the2.5% pay;

　　3Exceed10Million to20Million yuan part, in accordance with the2% pay;

　　4Exceed20Million to50Million yuan part, in accordance with the1.5% pay;

　　5Exceed50Million to100Million yuan part, in accordance with the1% pay;

　　6Exceed100Million to200Million yuan part, in accordance with the0.9% pay;

　　7Exceed200Million to500Million yuan part, in accordance with the0.8% pay;

　　8Exceed500Million to1000Million yuan part, in accordance with the0.7% pay;

　　9Exceed1000Million to2000Million yuan part, in accordance with the0.6% pay;

　　10Exceed2000Million yuan part, in accordance with the0.5% pay.

(two) non property cases paid in accordance with the following criteria:

　　1Divorce cases each pay50Yuan to300Element. Involving the partitioning of property, the property does not exceed the total amount20Million, without pay; more than20Million yuan part, in accordance with the0.5% pay.

　　2Infringement of the right of the name, name right, portrait right, reputation right, reputation right and other personality rights cases, each to pay100Yuan to500Element. Relating to the compensation for damage, the compensation amount is not more than5Million, without pay; more than5Million to10Million yuan part, in accordance with the1To pay more than%10Million yuan part, in accordance with the0.5% pay.

　　3Other non property cases each pay50Yuan to100Element.

(three) the civil cases of intellectual property right, did not dispute the amount or value, each to pay500Yuan to1000Yuan; disputed the amount or value of the property, paid in accordance with the standards of the case.

(four) the labor dispute cases each pay10Element.

(five) administrative cases paid in accordance with the following criteria:

　　1Trademark, patent, the maritime administrative cases each pay100Element;

　　2Other administrative cases each pay50Element.

(six) the parties make jurisdiction objection, objection can not be established, each to pay50Yuan to100Element.

Provinces, autonomous regions, municipalities directly under the central government may combine the local actual conditions in this article (two), the (three), (six) the provisions of the range of specific payment standards.

Fourteenth application 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:

　　1Without the implementation of the amount or value, each to pay50Yuan to500Element.

　　2The implementation of the amount or value does not exceed1Million, each to pay50More than yuan1Million to50Million yuan part, in accordance with the1.5To pay more than%50Million to500Million yuan part, in accordance with the1To pay more than%500Million to1000Million yuan part, in accordance with the0.5To pay more than%1000Million yuan part,In accordance with the0.1% pay.

　　3In accordance with 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 not exceeding1000Yuan or not relates to the amount of property, each to pay30More than yuan1000Yuan to10Million yuan part, in accordance with the1%More than pay10Million yuan part, in accordance with the0.5% pay. However, if the parties apply for preservation measures to pay the costs of not more than most5000Element.

(three) for an order of payment in accordance with the law, comparative property case acceptance fee standard1/3Pay.

(four) apply for an exigency known to the public, each to pay100Element.

(five) for the cancellation of the arbitration award or confirm the validity of arbitration agreement, each to pay400Element.

(six) bankruptcy case based on the total amount of the estate, according to the property of the case acceptance fee paid by the standard, however, is highest do not exceed30Million yuan.

(seven) maritime case fee paid in accordance with the following criteria:

　　1Application for constituting a limitation fund for maritime claims, each to pay1000Yuan to1Million yuan;

　　2Applying for a maritime injunction, each to pay1000Yuan to5000Element;

　　3The application of maritime liens, each to pay1000Yuan to5000Element;

　　4An application for maritime claims registration, each to pay1000Element;

　　5To apply for adjustment of general average, each to pay1000Element.

Article fifteenth by mediation or the parties to apply for the withdrawal of the suit, half pay the case acceptance fee.

Sixteenth summary procedure applies to the trial of cases by half to pay the case acceptance fee.

Article seventeenth for property cases filed an appeal, according to the verdict of the first trial of appeal amount pay the case acceptance fee.

Article eighteenth the defendant counterclaim, the third party with independent claims related to the case of the claim, the people's court decided to merge the trial, were half pay the case acceptance fee.

Article nineteenth in accordance with the procedures prescribed in article ninth need to pay the fee for accepting the case of retrial cases, according to the original judgment part of the retrial request may amount to pay the case acceptance fee.

The fourth chapter to pay litigation costs and refund

Article twentieth the fees for accepting the case, the plaintiff has the right to request an independent third party, the appellant intended. The defendant counterclaim, in accordance with the provisions of this approach is required to pay the case acceptance fee, prepaid by the defendant. Claiming labour remuneration case can not pay the case acceptance fee.

The application fee by the applicant. However, this approach to Article tenth (a), (six) the provisions of the application fee is not by the applicant, the enforcement application fee after the implementation of the bankruptcy application fee to pay, pay after the liquidation.

Eleventh the provisions of this approach costs, be practical after the occurrence of pay.

Article twenty-first party in the litigation procedure changes the amount requested, 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-second the plaintiff received from the people's court to pay the cost of litigation notice the next day7Days to pay the case acceptance fee; counterclaim cases filed counterclaims by the parties since the counterclaim from the next day7Days to pay the case acceptance fee.

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 the7Days in advance.

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-third in accordance with the procedures prescribed in article ninth need to pay the fee 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-fourth in accordance with the law of civil procedure of 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-fifth the people's courts 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 shall not be refunded.

Article twenty-sixth the proceedings, 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-seventh the 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-eighth in 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-ninth the litigation 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 thirtieth the 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-first the people's court conciliation agreement case, the burden of the cost of litigation settlement by the two parties through consultation; consultation fails, the people's court.

Article thirty-second in 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-third divorce cases the burden of the cost of litigation settlement by the two parties through consultation; consultation fails, the people's court.

Article thirty-fourth a civil case 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.

Administrative case changes or revokes a 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.

The thirty-fifth party is proposed to reduce the amount of claim in court of inquiry after the end of the request, reduce the amount of the fees for accepting the case by the litigants burden change request.

Article thirty-sixth the debtor to supervise the program does not raise any objections, the application fee shall be borne by the debtor. The procedure for hastening debt recovery objection which end of the procedure, the application fee shall be borne by the applicant; the applicant be prosecuted, the application fee included in the claim.

Article thirty-seventh the public summons of the application fee shall be borne by the applicant.

Article thirty-eighth of this 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.

This approach to Article tenth (five) paragraph of the application fee, the people's court application fee burden according to the procedures prescribed in article twenty-ninth.

The litigation costs thirty-ninth a maritime cases in the burden in accordance with the following provisions:

(a) before suing for maritime claim preservation, the maritime injunction, the application fee shall be borne by the applicant; the applicant is related to the maritime claim lawsuit, but these costs will be included in the claim;

(two) applying for maritime evidence preservation before litigation, the application fee shall be borne by the applicant;

(three) proceedings in the auction, sell the seized cargo ship, the reasonable expenses for materials, fuel, marine ship, by the applicant to advance, from the auction, sale price of the first deducted, returned to the applicant;

(four) the establishment of a limitation fund for maritime claims, debts registration and repayment, the application of maritime liens case fee application, shall be borne by the applicant;

(five) the establishment of the fund, maritime liens program announcement costs borne by the applicant of limitation of liability for maritime claims.

Article fortieth the 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-first in accordance with the special trial procedure announcement fees, borne by the plaintiff or the applicant.

Article forty-second shall apply to the people's court for bankruptcy, and litigation costs in accordance with the relevant legal provisions from the bankruptcy property appropriation.

The forty-third party 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 receive the parties as of the date of application15Days to.

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-fourth party 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.

Forty-fifth if a party applies 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.

Forty-sixth if a party applies 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 than30%.

Forty-seventh if a party applies for judicial relief, one of the following circumstances, the people's court shall permit the postponement of the litigation costs:

(a) recovery of social security, economic compensation;

(two) maritime accidents, traffic accidents, medical accidents, accidents, quality accidents or other personal injury accident victims compensation request;

(three) are receiving the Legal Aid Department concerned;

(four) really need other circumstances under which postponement.

Forty-eighth if a party applies for judicial relief, 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, that should also be standard to provide citizens with economic difficulties and family economic status in accordance with the local civil affairs, labor and social security departments.

The people's court for judicial assistance shall not approve, it should be a written explanation to the party.

The forty-ninth parties shall apply for a postponement of the litigation costs upon examination that conform to the provisions of the provisions of article forty-seventh, the people's court shall decide whether to approve the before to postpone decisions.

Article fiftieth the 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.

The fifty-first 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

Pay fifty-second of litigation costs and charging system should be publicity. The 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 fees for accepting the case, the application fee in full and turned over to finance, budget, implementation of the two lines of revenue and expenditure management.

The people's court charge litigation fees shall issue a payment voucher to the parties, the parties to the payment voucher to the designated agency bank to pay. In accordance with the law shall refund, the people's court shall be handled in accordance with the relevant provisions of the state. The specific measures for tax payment and refund of litigation fees shall be formulated by the financial department under the State Council the Supreme People's court.

In remote areas, water, traffic inconvenience, the circuit court trying a case on the spot, the parties submitted to the designated agent bank really has difficulties in paying litigation costs, the circuit court can spot charge litigation fees, and issued by the financial department of the provincial people's government financial receipts to the party concerned; not printed by the provincial finance department of the people's government the bill, the parties shall have the right to refuse 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 list, at 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 come into force from the date of legal documents15Days refund the relevant parties.

Article fifty-fourth the competent pricing department, the finance department according to the division of management responsibilities, management and supervision of the litigation costs; to collect fees in violation of the provisions of the present Measures shall be punished in accordance with the laws, regulations and relevant provisions of the State Council.

The eighth chapter supplementary provisions

Article fifty-fifth litigation costs shall be calculated in renminbi. In a foreign currency as the calculating unit, in accordance with the people's court decides to accept an exchange rate announced by the case of the national day into Renminbi to pay; appeal and retrial cases litigation costs, according to the people's Court of first instance decides to accept the exchange rate published by the state on the date of the case.