Legal analysis
If the parties to a dispute case are not satisfied with the judgment of first instance, they may appeal. Like the first instance, if the appeal is accepted, the appellant also needs to pay the appeal fee in advance. The amount paid is related to what judgment the appellant refused to accept in the first instance. Therefore, the procedure of the second instance is aimed at the judgment of the first instance. If an additional lawsuit is requested for trial, the other party will be deprived of the right of appeal after the final trial of the second instance. In addition, if there is an additional litigation request at the time of appeal, the court will mediate, and if mediation fails, you will be notified to sue separately. Civil cases will never be accepted in the first instance, which is a simple procedure, and the legal cost of the second instance is twice that of the first instance. The first trial is an ordinary procedure, and the second trial is basically the same. Therefore, the legal fees of the second trial may be the same as or different from those of the first trial. The method of paying legal fees stipulates that the appeal case needs to pay the case acceptance fee according to the amount of the appeal request against the judgment of the first instance. Therefore, if all parties to the dispute refuse to accept the judgment of the first instance, the legal fees may be the same as that of the first instance.
legal ground
Measures for payment of litigation fees
Article 20 The fees for accepting a case shall be paid in advance by the plaintiff, the third party with independent claims and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, it shall pay it in advance. The case of recovering labor remuneration may not pay the case acceptance fee in advance. The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Item (1) and Item (6) of Article 10 of these Measures are not paid by the applicant in advance, but after the implementation of the application fee, and the bankruptcy application fee is paid after the liquidation. The fees stipulated in Article 11 of these Measures shall be paid after the actual occurrence.
Article 21 If a party changes the amount of the claim, the case acceptance fee shall be handled in accordance with the following provisions: (1) If a party increases the amount of the claim, it shall return it according to the increased amount of the claim; (2) Before the end of the court investigation, if the parties propose to reduce the amount of litigation claims, they shall be refunded according to the reduced amount of litigation claims.
Article 22 The plaintiff shall pay the case acceptance fee within 7 days after receiving the notice of the people's court to pay the legal fee; In a counterclaim case, the party who files a counterclaim shall pay the case acceptance fee within 7 days from the day after filing the counterclaim. The case acceptance fee for an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, they shall pay in advance respectively. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance within 7 days. The application fee shall be paid in advance by the applicant when filing the application or within the time limit specified by the people's court. If a party fails to pay the litigation fees within the time limit and does not apply for judicial assistance, or the application for judicial assistance is not approved and fails to pay the litigation fees within the time limit specified by the people's court, the people's court shall handle it in accordance with relevant regulations.