According to the State Council No.481,the provisions of the Measures for Paying Litigation Fees are as follows:
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Every trademark, patent and maritime administrative trust? 00 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
Article 14 The application fee shall be paid according to the following standards:
(1) Those who apply to the people's court for the enforcement of legally effective judgments, rulings and conciliation statements of the people's court, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary organs according to law, and apply for the recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions, shall be paid according to the following standards:
1. If there is no execution amount or price, each piece ranges from 50 yuan to 500 yuan.
2. If the execution amount or price does not exceed 6,543,800 yuan+0,000 yuan, each piece shall be paid to 50 yuan; The part exceeding 1 0,000 yuan to 500,000 yuan shall be paid at 1.5%; The part exceeding 500,000 yuan to 5 million yuan shall be paid according to 1%; The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.5%; The part exceeding100000 yuan shall be paid by 0. 1%.
3. In accordance with the provisions of the fourth paragraph of Article 55 of the Civil Procedure Law, if the right holder who has not participated in the registration brings a lawsuit to the people's court, he shall pay the application fee in accordance with the standards stipulated in this item, and shall not pay the case acceptance fee.
(two) the application for preservation measures, according to the actual amount of property preserved in accordance with the following standards:
If the amount of property does not exceed 1 000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.
(3) If the payment order is applied according to law, it shall be paid according to the standard of property case acceptance fee 1/3.
(4) Apply for publicity according to law, and pay 100 yuan for each piece.
(five) to apply for revocation of the arbitration award or to confirm the validity of the arbitration agreement, each piece shall be submitted to 400 yuan.
(6) Bankruptcy cases shall be calculated according to the total amount of bankruptcy property, and the acceptance fee for property cases shall be charged by half, but the maximum amount shall not exceed 300,000 yuan.
(7) The application fee for maritime cases shall be paid according to the following standards:
1. For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid 1000 yuan to 10000 yuan;
2. For the application for maritime injunction, each piece shall be paid 1000 yuan to 5,000 yuan;
3. For the application for maritime lien reminder, each piece shall be paid 1000 yuan to 5,000 yuan;
4. If the maritime claim is registered, each piece shall be paid 1000 yuan;
5. Apply for general average adjustment, and pay 1000 yuan per piece.
Fifteenth cases closed by mediation or the parties apply for withdrawal of the case, the case acceptance fee will be paid by half.
Sixteenth cases that are tried by summary procedure shall be charged half of the case acceptance fee.
Article 17 If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of appeal against the judgment of first instance.
Article 18 If the defendant files a counterclaim, and the third party has an independent claim related to the case, and the people's court decides to join the trial, it shall pay the case acceptance fee by half each.
Nineteenth in accordance with the provisions of Article 9 of these measures, the retrial case that needs to pay the case acceptance fee shall pay the case acceptance fee according to the amount of the retrial request that refuses to accept the original judgment.
-
Provide a fast algorithm for property cases in article 13 (1);
Fast calculation of target segmentation rate
Below 50 yuan1100,000 yuan/piece
1 0,000 to 1 0,000 yuan ×0.025 -200.
65438+ 10,000 yuan to 200,000 yuan ×0.02 +300 yuan
200,000 yuan to 500,000 yuan ×0.0 15+1300
500,000 yuan to 6,543.8+0,000 yuan × 0.065.438+0+3,800.
1 10,000 yuan to 2 million yuan ×0.009 +4800.
2 million yuan to 5 million yuan ×0.008 +6800
5 million yuan to10 million yuan ×0.007+1 1800.
100000 yuan to 20 million yuan ×0.006 +2 1800.
More than 20 million yuan ×0.005 +4 1800
For example, if the bid amount is 565,438+ten thousand yuan, it will be 565,438+ten thousand yuan × 0.007+1800 = 47,500 yuan, and the court will pay 47,500 yuan for accepting the case.
And provide a brand-new fast calculation program for attorney fees:/tool/SSF.htm.
-
Regarding the lawyer's service fee, according to the Notice of the National Development and Reform Commission and the Ministry of Justice on Printing and Distributing the Administrative Measures for Lawyer's Service Fee (NDRC Price [2006] No.611):
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Article 11 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after learning the government-guided price, the risk agency fee may be implemented, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(4) Request for payment of labor remuneration, etc.
Article 14 A law firm shall strictly implement the management measures and charging standards for lawyers' service fees formulated by the competent pricing department in conjunction with the judicial administrative department at the same level.
Article 15 A law firm shall publicize information such as measures for the administration of lawyer services and charging standards, and accept social supervision.
Article 16 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyer services, or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 17 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 18 When a law firm collects lawyer service fees from clients, it shall issue legal bills.
Article 19 The lawyer's fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer's service fees, and should be paid separately by the client.
Article 20 If a law firm needs to receive travel expenses in advance for handling cases in different places, it shall provide the client with an estimated fee and sign it after both parties reach an agreement through consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance.
Article 21 When a law firm settles the fees related to Articles 18 and 19, it shall provide the client with a list of fees charged on its behalf, travel expenses for handling cases in different places and valid vouchers. The customer may not pay the part that cannot provide valid vouchers.
Twenty-second lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be uniformly collected by law firms. Without permission, a lawyer may not charge any fees to the client.
In addition to the three fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Above, the fees for lawyer services with government-guided prices can be inquired through the websites of your provincial price authorities (provincial development and reform commission or price bureau), judicial administrative departments, lawyers associations and law firms. For the lawyer's service fee with market-adjusted price, first, the law firm publicizes the management measures and charging standards of lawyer's service fee; The second is to negotiate with law firms; Third, sign a charging contract with the lawyer service or specify the charging terms in the agency contract. The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.