The new method stipulates that each divorce case should be compensated 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%. The burden of litigation costs in divorce cases shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment. According to the current regulations, each divorce case is paid1from 0 yuan to 50 yuan. Involving the division of property, the total amount of property does not exceed 6.5438+0 million yuan, without additional charges; If it exceeds 1 10,000 yuan, the excess shall be paid as 1%. In addition, the new method stipulates that the litigation cost of labor dispute cases is per piece 10 yuan. The current method is from 30 yuan to 50 yuan. The new method clarifies that "the case acceptance fee and application fee shall be turned over to the finance in full, included in the budget, and revenue and expenditure shall be managed separately." The new method stipulates that the system of payment and collection of litigation fees should be made public. The provision that "the amount of other litigation expenses that the parties should pay shall be decided by the people's court according to the relevant provisions of the state and the actual situation" in the existing measures has been cancelled. This provision was criticized by Li Li, a representative of the National People's Congress. Li Li believes that this clause causes arbitrary charges by the court. The new method cancels the court's right to manage litigation costs, and instead, the competent price department and the financial department manage and supervise litigation costs according to the division of responsibilities of cost management.
Legal objectivity:
What is the litigation cost of labor dispute cases? Article 79 of China's "Labor Law" stipulates: "After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. If you are dissatisfied with the arbitral award, you can bring a lawsuit to the people's court. " Article 83 of the law also stipulates: "If a party to a labor dispute refuses to accept the arbitration award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory execution. " 1. If it is necessary to hold a court session, according to the provisions of the Measures for Payment of Litigation Fees, cases claiming labor remuneration may not be submitted in advance. The Measures also stipulate that a case acceptance fee of 10 yuan shall be paid for each labor dispute case. 2. Labor arbitration is free. 3. Lawyers' fees can be negotiated, or lawyers who have legal aid obligations in legal aid institutions or law firms (that is, lawyers who have not completed the annual legal aid task) can be invited to provide legal aid. Labor dispute cases are litigation cases caused by disputes over labor rights and obligations between labor relations parties. Article 2 of the Regulations on Handling Labor Disputes in Enterprises formulated by the State Council 1993 defines labor disputes as labor disputes between enterprises and employees: "(1) Disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees; (two) disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection; (3) Disputes arising from the performance of the labor contract; (4) Other labor disputes that should be handled in accordance with these regulations as stipulated by laws and regulations. " 1995+ 1 After the promulgation of the Labor Law adopted by the Eighth National People's Congress on July 5, Article 82 of the Opinions of the Ministry of Labor on Implementing Several Issues (No.309 issued by the Ministry of Labor [1995]) stipulates that as long as there is a factual labor relationship and it conforms to the scope of application and the Labor Law, Arbitration of Labor Disputes Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases published on April 6, 2006 defines labor disputes as: "(1) disputes between workers and employers in the process of performing labor contracts; (two) there is no written labor contract between the employee and the employer, but there has been a dispute over labor relations; (3) Disputes arising after retirement with the original employer who has not yet participated in social insurance co-ordination on claims for pensions, medical expenses, industrial injury insurance benefits and other social insurance premiums. "