The court will sentence the defendant to bear the litigation costs. If the plaintiff has paid the plaintiff in advance, if the disputed object of the case needs to be enforced, the litigation fee enforcement judge will also enforce it.
Article 29 of the Measures for Payment of Litigation Fees shall be borne by the losing party, unless the winning party voluntarily bears it.
If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * 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.
"Measures for Payment of Litigation Fees" Article 53 After the case is concluded, the people's court shall notify the parties in writing of the detailed list of litigation fees and the amount that the parties should bear, and indicate the amount that the parties should bear in the written judgment, ruling or conciliation statement.
If it is necessary to refund the litigation costs of the parties, the people's court shall refund the parties within 05 days from the date when the legal documents take effect.
Extended data:
If it is necessary to refund the litigant's legal fees after the case is concluded, it shall be returned to the litigant within 15 days from the effective date of the legal document in strict accordance with the law. The refund of litigation fees shall be handled by bank transfer, and no cash shall be paid. The refund of fees shall not be handled by law enforcement officers or auxiliary personnel. ?
Scope of legal fee refund:?
(1) If the case is settled through mediation or the parties apply for withdrawing the lawsuit, the case acceptance fee will be refunded by half. ?
(two) the application of summary procedure to the case, the case acceptance fee will be refunded by half. ?
(three) before the end of the court investigation, if the amount of litigation request is reduced, the multi-request part shall be returned. ?
(4) In accordance with the provisions of Articles 36, 37 and 38 of the Civil Procedure Law, all the legal fees for transferring or transferring cases shall be transferred to the people's court that receives the cases. ?
(5) If the people's court finds a suspected criminal offence in the process of trying a civil case and transfers the case to the relevant department for handling, it shall refund the case acceptance fee paid by the parties concerned; If it is necessary to continue to hear a civil case after the transfer, the fees paid by the parties for accepting the case will not be refunded. ?
(six) the case of suspension of litigation and execution, the case acceptance fee and application fee paid will not be refunded. If the reasons for the suspension of litigation and execution are eliminated and the litigation and execution are resumed, the case acceptance fee and application fee will no longer be paid. ?
(7) If the people's court of second instance decides to remand the case for retrial, it shall refund the fees paid by the appellant for accepting the case of second instance. ?
(eight) if the people's court of first instance decides not to accept or reject the prosecution, it shall refund the case acceptance fee paid by the parties; If a party refuses to accept the decision of the people's court of first instance not to accept or reject the prosecution, and the people's court of second instance upholds the judgment of the people's court of first instance, the people's court of first instance shall refund the case acceptance fee paid by the party concerned. ?
(9) After the judgment comes into effect, the people's court shall refund the litigation costs that the winning party paid in advance but should not bear, except that the winning party voluntarily bears or agrees to be paid directly by the losing party. If a party refuses to pay the litigation fee, the people's court may enforce it. ?
(ten) other circumstances that should be returned according to law. ?
For the legal fees that should be paid by the losing party because of "winning the case first", the case-handling judge is responsible for recovering the legal fees from the losing party; If the losing party refuses to pay and needs to be enforced, the judge handling the case shall submit the relevant materials and effective legal documents to the filing department for filing and then transfer them to the execution department for execution.
References:
Baidu Encyclopedia-Measures for Payment of Litigation Fees
References:
Zaozhuang Intermediate People's Court-Work Flow of Legal Fee Refund