Have a superficial knowledge of not fully understand   

   Retrial litigation request whether increased pay the case acceptance fee

   

    The deer and the ancient Wuxi Yunda express company contract dispute case, after remand in court to allow increased under the condition that part of the claim, but the court has not informed pay the fees for accepting the case, because the increase in a large amount, so I have toOctober 20, 2011A written application on the court and the trial judge after accounting for pay, the original yuan Shen presiding judge agreed to increase the litigation request but pay fee no reply;October 26, 2011The case acceptance notice, pay the fee for accepting the case was off, don't need to collect the fees for accepting the case?November 22, 2011Again, in an open letter to the court testimony by the: "a little bit, the litigation cost I paid far could not offset the court for both our pay. This is your fault or my fault?" also reminded the court fees;December 6, 2011In this case the reputation loss sued in civil court, on the court also told me not to need to pay fee;June 18, 2012I once again take the initiative to put on record courtyard pay also failed to hand out, ask for the trial judge, presiding judge Cai Yongfang told me "don't notice you over?" , also is the request I notice. The defendant in the original instance have to not pay the fee as individual claims defense, hope Xishan District People's Court of retrial don't make to my disadvantage explanation in the acceptance fee. Therefore, the increase in cases of litigation request remandAmountWhether or not to pay the fees for accepting the case?!

   The provisions of the "PRC Civil Procedure Law":

The 107th party to civil litigation,ShouldPay court costs according to the rules. Property cases in addition to pay the fee for accepting the case, and other litigation fees shall be paid in accordance with the provisions of.

   "Regulations" means to pay the cost of litigation:

    Article secondParties to civil litigation, administrative litigation,ShouldPay litigation costs in accordance with the present measures.
   Ninth according to the provisions of the civil procedure law and administrative procedure lawThe procedure for trial supervisionCourt cases, the parties do not pay the case acceptance fee.

   Article seventeenthThe appeal of property cases, in accordance with the verdict of the first trial of appeal amount pay the case acceptance fee.

    The twenty-first party inLawsuitChangeThe claimAmountThe fees for accepting the case processing, in accordance with the following provisions:
　　(a)PartyIncreaseThe claim amounts, calculated in accordance with the increase of the amount of the claimPay;

   (two) the parties in court investigation before the endReduceThe claim amounts, calculated in accordance with the reduction in the amount of the claimReturn.
   Article twenty-secondThe plaintiff received from the people's court to pay the cost of litigation notice the next day7 daysPay the case acceptance fee;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.
   The Supreme People's Court issued "Regulations of the people's court litigation fees":

   Article thirtieth the parties by the people's courtNoticeAdvance payment of litigation costs, the court.

   "The provisions of the Civil Procedure Law of the people's Republic of China ":

   Article seventh the people's courts, must be based onFactAs the basis, toLawAs the criterion.

   Thirteenth the parties shall have the right to within the limits prescribed by lawPunishmentHis civil rights and litigation rights.

   Article fourteenth the people's procuratorates shall have the right to civil trial activitiesThe legal supervision.

   The trial of forty-second collegiate long by Dean or president appoint a judge to serve as the president or the chief judge; take part in the trial, he shall act as the presiding judge.

   Article forty-sixth the parties to apply for withdrawal, it shall explain the reasons, put forward at the beginning of the proceedings; avoid the hearing commences, may also be submitted before the end of court debate. The challenged personnel decision on withdrawal by the people's court, it shallPauseIn the case of work, but the case except the need for urgent action.

   Article fifty-second the plaintiff mayGive up or changeThe claim. The defendant may admit or refute the claim, have the right to fileThe counterclaim. Sixty-third lines of evidence are the following:

(a) documentary evidence;

(two) evidence;

(three) audio-visual materials;

(four) the testimony of a witness;

(five) statements of the parties;

(six) the identification conclusion;

(seven) the written record of the inspection.

The above evidenceMust be verifiedCan be used as the basis for ascertaining the facts.

   Article sixty-fourth the parties to submit their ideas,Have a responsibilityProvide evidence.

   The sixty-eighth documentary evidence shall be submitted to the original. The evidence shall be submitted to the original. To present the original document or where there is indeed difficult, can submit copy, photos, copies, extracts of the.

   Article sixty-ninth the people's Court of audio-visual material,We should distinguish the true from the false, and in combination with other evidence of the case, ascertaining the facts according to the.

   Article seventy-first the people's court forThe statements of the parties concerned, should be combined with other evidence of the case, ascertaining the facts according to the.

PartyRefuse to give, does not affect the people's court according to the facts of the case evidence.

   The 101st participants in the proceedings and other persons shall abide by the rules of the court.

The people's court for a person violates the court rules, can be reprimanded, ordered to leave the court fines, detention or.

The people's court to hongnao, insult, libel, the impact of the court, threats, assault adjudicating personnel, seriously disrupting the order of the court, shall be investigated for criminal responsibility according to law; if the circumstances are relatively minor, fines, detention.

   The 102nd participants in the proceedings or other person commits any of the following acts, the people's court according to the seriousness of theirFines, detentionConstitutes a crime, shall be investigated according to lawCriminal responsibility:

(a)Forging or destroying important evidence, hinder the people's court cases;

(two) by violence, threat, subordination to prevent or instigating, suborning witnesses, coercing others to commit perjury;

(three), transfer, sale, the hidden damage has been seized, seizure of property, or have been inventoried and property shall be ordered to safekeeping, transfer of property that has been frozen;

(four) the judicial officers, the participants in the proceedings, witnesses, interpreters, expert witnesses, the inspector, to assist in the implementation of the people, insult, slander, framed, beating or take revenge;

(five) using violence, threats or other means to hinder judicial personnel in carrying out their duties;

(six) the people's court refuses to perform the legally effective judgment, ruling.

The people's court to one of the acts mentioned in the preceding paragraph units, can be the main responsible person or the person directly responsible shall be fined, detained; constitutes a crime, shall be investigated for criminal responsibility according to law.

   104th of the individual penalty amount, RMBTen thousand yuanFollowing. The unit fine amount, ten thousand yuan more thanThree hundred thousand yuanFollowing.

The period of detention, asThe fifteen dayFollowing.

The detained person, the people's court shall deliver the public security organs. While in detention, the detainee admits and corrects his mistakes, the people's court may decide to terminate the detention.

   115th of the members of the collegial panel shall determine, inThree daysInform the parties.

   Article 116th the judge mustCareful examinationThe case materials, investigate and collect the necessary evidence.

   Article 124th the court investigation shall be conducted in the following order:

(a) statements of the parties;

(two) inform the witnesses of their rights and obligations, witnesses, read the testimony of witnesses who are not present in court;

(three) presentation of documentary evidence, material evidence and audio-visual materials;

(four) the identification conclusion;

(five) read the transcripts of inspection. Article 125th the parties may present new evidence before a court.

With the permission of the court, to witness, identification, examination questions.

The request of the partiesReInvestigation,AppraisalOr inspection, it shall be decided by the people's court.

Article 126th the plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, canThe merger trial.

Article 127th the court debate shall be conducted in the following order:

(a) the plaintiff and his agents ad litem to speak;

(two) the defendant and his agent ad litem reply;

(three) third people and his agent ad litem or defense speech;

(four) debate with each other. Article 129th the plaintiff having been served with a summons, refuses to appear in court, or the court midway without permission by the court, may deal with it as a case; a defendant, may make a judgment by default.

   Article 132nd in any of the following circumstances, the trial may be adjourned:

(a) must be present in court and the parties and other participants in the proceedings in court without proper reasons;

Two.A party to apply for withdrawal;

(three) need to summon new witnesses, collect new evidence, re identification, examination, or supplementary investigation;

   Article 135th the people's court shall apply the ordinary procedure case on record, shall be concluded within six months. If extension is needed, approved by the president of the court, can be extended to six months; also need to extend, be approved by the people's court at a higher level.