To confirm the litigation fee

As we all know, in accordance with the nature of the litigation request can be divided into the civil litigation confirmation and payment, change three types. However, the State Council "means to pay the cost of litigation" did not determine fees directly in this division, but general civil cases are divided into "involving property and non property case", which makes people costs for some cases for ambiguity arises, all different. In the trial practice, especially to confirm cases as the typical. For example, Zhang for vehicle ownership dispute with others, he requests the people's court for confirmation of the vehicle to the all, when the court is in accordance with the vehicle value fee or do not consider the vehicle value and directly press charges? The author talk about my humble opinion, ask for advice.

The State Council "means to pay the cost of litigation" whole tone is to reduce the fatigue of the parties concerned, limit the maximum charge fees on this principle, we must resolutely implement the judicial background for the people, don't try to expand the scope of charge. But at the same time, we should also take into account the costs and advocate rational litigation parties, effective measures to prevent the abuse of litigation, so we must be between these two concepts to grasp the "degree of litigation fee". Confirmation of the "measures" and does not specify the action, not only retreat, an introduction to a collection; certainly not matter, see confirmed cases shall be given according to the value of the subject matter charges.

To confirm the litigation fee, the author's understanding is: to have the incidental benefit contents as standard to confirm cases divided into parts according to the amount of fees and charges two types. Namely, if party a request to the people's Court confirmed the existence of a legal relationship, according to the charges; if the parties confirm the legal relationships are also to the people's court request each other to perform a behavior in the request, according to the amount of charge to.

In the simple action of confirmation, the only request that certain legal relationship and legal status. Although we all know that the legal relationship and legal status of the final will point to the interests of the parties, but the property interests after all the complaint did not directly involved. So, when we should be strictly in accordance with the "Regulations" means to pay the cost of litigation by non property cases treated.

Confirmation of the lawsuit is a concept confirmation, if wants the court to the parties in the legal relationship of his rights by the national compelling force to achieve, also need to put forward "to each other for a certain behavior" of the payment request to the court. That is to say, the simple action of confirmation is not performing content, if the parties want the judgment has the force protection, either in the action of confirmation shall be filed litigation of payment, or with the complaint filed a request payment. For example: "request the people's court that all return a plaintiff, and ordered the defendant to return the thing" request. In case of payment requests collateral, court will not be in accordance with the non property cases treated, because the plaintiff had explicitly asked the defendant to perform the relevant and controversial property act. So we think, this comes with confirmed cases payment requests, in accordance with the property case fee is appropriate.

Confirmation is not unified litigation cost standard, not only to the grass-roots judge trouble, but also to some extent affected the image of the court -- let people feel the court fees "not true". I sincerely hope that the above opinion to unified fee standards of such cases to provide a little help.