The Jiangsu High Court on the traffic accident compensation for personal injury litigation fees charged by the new rules

 

In February 24, 2006, the Jiangsu Provincial Higher People's court trial committee of the 8 meeting to discuss through the Jiangsu Provincial Higher People's court "on regulating the court fees the implementation of the work of opinions", the views of the traffic accident compensation for personal injury litigation fees charged for new regulations. The views from the beginning of April 1, 2006. According to the regulations of the views, the cases of traffic accident damages the plaintiff in Jiangsu province court proceedings need to pay legal fees are mainly in the following three:

One, the case acceptance fee

Compensation cases caused by traffic accidents belong to personal injury compensation cases, according to the opinion of article fifth (four) the provisions of item:

Personal injury compensation disputes, pay 50 yuan each, claim amount more than ten thousand yuan to one hundred thousand yuan, according to the 1% of pay; part of more than one hundred thousand yuan, according to the 0.5% of pay; the parties request compensation for spiritual damage, on the part of the claim according to the charging standards for property cases;

So according to the amount of compensation for 300000 meters, required to pay the case acceptance fee is 50 yuan +100000*1%+200000*0.5%=2050 yuan

In addition, if the plaintiff also requires mental injury solatium damages, the need to property case charges according to the opinion of article fifth (six) the provisions of item to pay part of the fees for accepting the case:

(six) to the property or property rights as the object of action of cases involving property. Property cases according to dispute the value or the amount paid, in accordance with the following scale:

1, less than one thousand yuan, to pay 50 yuan each;

2, more than one thousand yuan to fifty thousand yuan, according to the 4% of pay;

3, more than fifty thousand yuan to one hundred thousand yuan, according to the 3% of pay;

4, more than one hundred thousand yuan to two hundred thousand yuan, according to the 2% of pay;

5, more than two hundred thousand yuan to five hundred thousand yuan, according to the 1.5% of pay;

6, more than five hundred thousand yuan to one million yuan, according to the 1% of pay;

7, part of more than one million yuan, according to the 0.5% of pay.

The mental damage solatium 50000 yuan, need to pay the fees for accepting the case part is 50+49000*4%=2010 yuan.

And according to the rules of "the people's court litigation fees" non property cases at 10 yuan -50 yuan charge the fees for accepting the case, according to the amount of compensation does not provide the standard calculation of the fees for accepting the case, therefore, the provisions of Jiangsu actually increased the cost of litigation cases of compensation for personal injury of the plaintiff.

Two, the application fee

Application fee compensation cases involving traffic accidents is mainly the maintenance procedure, according to the opinion of article sixth (two) the provisions of item:

(two) for preservation before litigation, litigation, arbitration, apply the amount or value of property preservation of less than one thousand yuan, pay 30 yuan per piece; more than one thousand yuan to one hundred thousand yuan, according to the 1% of pay; part of more than one hundred thousand yuan, according to the 0.5% of pay;

Therefore, if in order to save the 200000 meter, the need to pay the application fee is $30+99000*1%+100000*0.5%=1520

Three, other litigation costs

Other costs include a major project mailing fees, appraisal fees (disability identification and other identification project), the announcement fee (if One's whereabouts is a mystery.).

According to the opinion of eleventh (a) regulations:

(a) the mailing charge, calculated in accordance with the provisions of Su (2005), the Court Supreme Court document 101 standards: the parties in the city, according to the parties concerned, everyone beforehand 100 yuan; the parties in the province, each beforehand 200 yuan; party a party in the province, in 300 yuan per person. The cost of the plaintiff, the appellant to advance filing tribunal;

Appraisal fees, the announcement fee according to appraisal organization, announcement unit standard pay.

Court fees above basically is in Jiangsu Province, a traffic accident damage compensation cases. Practice of specific court may be slightly different. The author according to the amount of compensation ratio for the part of the fees for accepting the case method had doubts, this approach seems to be related to the provisions of the Supreme Court have access.