1. How much does it cost to hire a lawyer for neighboring rights litigation?
The litigation expenses shall be borne by the losing party, and the court shall not compensate. According to the State Council's Measures for Payment of Litigation Costs, the litigation costs shall be borne by the losing party. If the judgment of the court of first instance or the court of first instance is wrong, and the judgment is revised by legal personnel, the court will also re-determine that the original litigation costs will be borne by the losing party. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object. For a retrial case that should pay the case acceptance fee, the litigation fee shall be borne by the party applying for retrial; If both parties apply for retrial, the litigation costs shall be borne in accordance with the regulations. The burden of litigation costs in the original trial shall be re-determined by the people's court according to the principle of litigation costs burden.
Second, how to collect legal fees?
The case acceptance fee 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, not exceeding 1 ten thousand yuan, and each piece shall be paid to 50 yuan;
2. 2.5% shall be paid for the part exceeding 1 10,000 yuan to 1 10,000 yuan;
3, 654.38+ 10,000 yuan to 200,000 yuan, according to 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5, more than 500 thousand yuan to 6.5438+0 million yuan, according to 654.38+0% payment;
6, more than 6.5438 million yuan to 2 million yuan, according to 0.9%;
7, more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8, more than 5 million yuan to 6.5438+million yuan, according to 0.7% to pay;
9, more than100000 yuan to 20 million yuan, pay by 0.6%;
10, if it exceeds 20 million yuan, it will be paid at 0.5%.
(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 other non-property case.
(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, trademark, patent and maritime administrative cases shall be paid respectively 100 yuan;
2, other administrative cases each pay 50 yuan.
(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.
3. What are the disputes about neighborhood relations?
(1) Disputes over traditional neighboring relations such as ventilation, lighting and transportation.
In recent years, among all kinds of neighborhood disputes in Tongbai County, traditional disputes over ventilation, lighting and traffic still rank first, reaching about 40%. Traditional disputes over ventilation, lighting and traffic generally occur between private houses or neighbors of public houses with households as the unit, which have less influence and involve fewer people. Most of these cases occurred in small towns and rural areas. The case is so contradictory that every inch of time is not allowed. With the rapid development of urban construction and intensive use of land, today's ventilation and lighting disputes mostly occur between multiple buildings that divide all buildings, with a wide range of influences, different degrees and a large number of people involved.
Take the dispute case of ventilation and lighting of 8 households including Zheng and Li as an example. The south, east and north sides of the four-story building where Zheng and others live are close-range high-rise buildings, and the west side was originally a two-story office building of a real estate company. Li and others obtained the courtyard of a real estate company through bidding, auction and hanging, and planned to build a five-story building, which is only about three meters away from the four-story building where Zheng and others live. Zheng and other 8 households appealed to the court on the grounds that Li and others affected ventilation and lighting, and at the same time grouped them. In the past, the adjacent traffic relations were mainly historical channel disputes, and the parties only reformed the traffic relations between several adjacent residential quarters on a household basis. Such disputes are closely related to the value of real estate, especially the use value, and most of them appear in the form of group litigation.
(2) Spatial adjacency disputes represented by pipeline laying and other demands.
In underdeveloped agricultural society, people use land mainly for simple productive labor such as agriculture and animal husbandry. Possession and utilization of land means possession and utilization of the limited spatial range on and above the surface, and the development degree of productivity and science and technology can not reach the deeper and farther spatial range, so the three-dimensional spatial efficiency of land has no special property significance. However, with the highly developed productive forces and the rapid development of science and technology, people's ability to transform and use land has been greatly improved, the space for human production and life has expanded, the population has expanded and urbanization has advanced by leaps and bounds. The limited surface resources make it very necessary for people to rationally develop and utilize space, thus expanding human production activities from the surface plane to the three-dimensional space above and below the surface. More and more attention has been paid to the right to use space, which makes space adjacency represented by pipeline laying and other demands become another hot spot in adjacent litigation, which happens from time to time.
(3) Distinguish all disputes between adjacent buildings.
In the past 20 years, the process of urbanization in China has been rapid, and the urban population is increasing day by day. Due to the limited urban land and the fact that China's housing system has been transformed into a multi-agent commercialization system, the real estate development market with residential housing as the main body is unprecedentedly prosperous. Tall buildings rise from the ground and are adjacent to each other. The previous plane adjacent relationship has been transformed into a three-dimensional adjacent relationship that distinguishes buildings. In the past, there were many disputes and few lawsuits to distinguish the adjacent relations of all buildings, but with the implementation of China's property law, such disputes about adjacent relations will suddenly emerge and flood into courts in large numbers.
In the case of adjacent disputes, the proportion is second only to the traditional adjacent disputes such as ventilation, lighting and transportation. Compared with the traditional adjacent relationship or ordinary adjacent relationship, distinguishing the adjacent relationship of all buildings has the following characteristics: first, this adjacent relationship takes the * * * relationship as the medium; Secondly, the relationship between adjacency and * * * is also its remarkable feature; Thirdly, the nature of the means of subsistence that distinguishes the ownership of buildings determines the frequency of such adjacent disputes. For example, in the case of Jimou v. Zhang's piling up briquettes in the stairwell, Jimou and Zhang are neighbors on the same floor across the stairs. Zhang piled up briquettes in the stairwell, and Jimou sued the court on the grounds that Zhang obstructed traffic.
(4) Adjacent environmental disputes
In the traditional adjacent relationship, there are almost no adjacent environmental disputes, but in recent years, the adjacent relationship disputes caused by such reasons are frequent. China's "General Principles of Civil Law" stipulates: "Real estate owners shall not abandon solid waste in violation of state regulations and discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation." Therefore, there are laws to follow about the adjacent relationship caused by the infringement of "immeasurable things". In order to protect their environmental rights related to health, life and survival, such disputes will inevitably increase. The victims of such disputes are regional, with sharp contradictions and prominent class actions. The sources of environmental disputes involving neighboring countries can be roughly divided into the following categories: First, industrial and mining enterprises, construction sites and so on. Discharge a lot of noise, vibration, dust, lampblack, peculiar smell, photoelectricity, etc. Construction operations, causing damage to neighboring real estate. Second, the inestimable neighbor nuisance caused by daily use of real estate. Three, railways, ports, airports, elevated road loops, garbage and sewage treatment and other operations caused by the adjacent disturbance.
(five) adjacent disputes caused by the expansion of the interpretation of the existing law by the adjacent obligee.
Neighboring obligees consciously expand and explain the existing laws and advocate neighboring interests such as privacy, privacy, overlooking and peace, which leads to many brand-new problems in the field of court accepting neighboring real estate disputes and poses new challenges to neighboring civil trials.
Adjoining right litigation needs to pay legal fees in addition to litigation fees, but the standard of legal fees is determined according to the specific situation.