Legal analysis: fee refund, taking legal fees as an example: it is the balance drawn and settled by the parties in advance from the people's court, that is, the part of the legal fees paid by the parties in advance that exceeds the actual amount payable is returned to the parties, as the name implies. Several cases of fee refund in practice: 1, when a party files a lawsuit, the court prepays a certain amount of fee after examination, and after the case is closed, the difference between the amount determined according to the judgment document and the prepaid amount will be returned to the party. 2. After the plaintiff has paid the legal fees in advance, the judgment shall be borne by the defendant after the trial by the court, and the people's court shall return it to the plaintiff after the defendant has paid the fees. 3. In a case of second instance, if both parties pay the legal fees on appeal, the winning party may directly refund the fees according to the principle that the expenses shall be borne by the losing party according to law. 4. After one party pays the appeal legal fees, the other party shall bear and pay the judgment and ruling fees, and return them to the appellant, otherwise it will be handled after entering the execution stage. 5. In the lawsuit, the parties voluntarily apply to withdraw the lawsuit and handle 50% of the refund amount. 6. If both parties appeal in advance, if the case is tried, both parties shall bear it and the difference shall be returned to the parties. 7. After mediation, both parties reached an agreement to bear the legal fees agreed in the agreement and the part that should be refunded. 8. Refund in other cases.
Legal basis: Article 25 of the Lawyers Law of People's Republic of China (PRC) may engage in the following businesses:
(a) to accept the employment of citizens, legal persons and other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) accepting the employment of criminal suspects in criminal cases, providing them with legal advice, acting as agents for complaints and accusations, applying for bail pending trial, and accepting criminal suspects.
Entrusted by a person or defendant or designated by a people's court to act as a defender, then
Entrusted by the private prosecutor of a private prosecution case, the victim of a public prosecution case or his near relatives.
, as an agent, to participate in litigation;
(4) Acting as an agent for appeals in various litigation cases;
(five) to accept the entrustment of the parties and participate in mediation and arbitration activities;
(six) to accept the entrustment of the parties to non-litigation legal affairs and provide legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.