Provisions on charging legal fees by half

Legal analysis

1, summary procedure shall be applied to the trial, and the legal fees shall be charged at half regardless of the judgment, mediation or the application of the parties to withdraw the prosecution; 2. Cases that are tried by summary procedure shall be charged with legal fees by half, and cases that are closed by withdrawal or mediation shall also be charged with legal fees by half, which is both summary procedure and mediation. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations. Measures for charging litigation fees shall be formulated separately.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 118 When conducting a civil lawsuit, the parties shall pay the fees for accepting the case in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations. Measures for charging litigation fees shall be formulated separately.

Criminal Procedure Law of the People's Republic of China

Article 293 Exercise and guarantee of the right of defense. When the people's court tries a case by default, the defendant has the right to entrust a defender, and the close relatives of the defendant may also entrust a defender. If the defendant and his close relatives have not entrusted a defender, the people's court shall notify the legal aid institution to appoint a lawyer to defend him.

Article 294 Appeals and protests. The people's court shall serve the judgment on the defendant, his close relatives and defenders. If the defendant or his near relatives are dissatisfied, they have the right to appeal to the people's court at the next higher level. A defender may appeal with the consent of the defendant or his near relatives. If the people's procuratorate believes that the judgment of the people's court is indeed wrong, it shall lodge a protest with the people's court at the next higher level.

Article 295 If the defendant voluntarily surrenders or is arrested during the trial, the people's court shall retry the trial. If a criminal appears in the case after the judgment or ruling becomes legally effective, the people's court shall deliver it for execution. Before executing the penalty, the people's court shall inform the prisoner of his right to object to the judgment or ruling. If a prisoner disagrees with the judgment or ruling, the people's court shall retry it. If there is a mistake in handling the property of a criminal in accordance with an effective judgment or ruling, it shall be returned and compensated.