Generally speaking, litigation is to solve administrative, civil and criminal problems through legal procedures. For those who engage in litigation, the core purpose is * * *.
What is litigation?
"Litigation" or "litigation" is called litigation when it is expressed in legal terms and language. Today's lawsuit or lawsuit refers to all activities carried out by public security organs (including state security organs, the same below), people's procuratorates, people's courts, parties and other relevant personnel in accordance with the law to solve the criminal responsibility of the defendant or resolve disputes over rights and obligations, and clarify the relationship between rights and obligations.
Expansion: According to the scope of duties of the people's courts in China and the nature of cases, litigation can be divided into criminal litigation, civil litigation and administrative litigation. Administrative litigation refers to administrative disputes caused by the functions and powers of state administrative organs and their staff or organizations authorized by law. Citizens, legal persons or other organizations appeal to the people's court to solve this dispute, and the people's court conducts judicial review of its functions and powers to judge whether it is legal, so as to solve the administrative dispute.
What do you mean by litigation?
Litigation is an activity in which the people's court tries disputed facts between the parties according to law and solves disputes through judicial procedures.
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Litigation is what is usually called litigation, and it is a process of resolving disputes through national judicial organs. There are three procedural laws in China, namely, the Civil Procedure Law, the Criminal Procedure Law and the Administrative Procedure Law. Accordingly, litigation is also divided into civil litigation, criminal litigation and administrative litigation.
Litigation has the following characteristics:
First, legitimacy. Litigation activities must be carried out in strict accordance with the litigation procedures and rules established by the litigation legal norms, and litigation activities that violate the litigation procedures should be deemed invalid.
Second, the stage. Such as prosecution stage, trial stage and execution stage, each stage is relatively independent and complete, and has its own tasks and forms.
Third, the order. The activities in each stage are interrelated and interdependent. The activities in the previous stage are the basis of the activities in the latter stage, and are the development, continuation or result of the activities in the previous stage.
Fourth, time limit. Litigation is a national judicial activity, and the time limit of various litigation activities is clearly stipulated in the procedural law.
Fifth, mandatory. It is precisely because litigation is a judicial activity conducted in accordance with the law that the parties must strictly perform the judgments and other handling decisions made by the judicial organs in litigation activities. Refuses to carry out, the judicial organs have the right to enforce.
China implements the system of second instance and final judgment, that is, the judgment made after the case is tried by a higher court is effective and cannot be appealed.
What do you mean by charging by piece?
The standard of legal fees is: the standard of collection of legal fees. According to the provisions of the Measures of the People's Court on Litigation Costs, litigation costs include case acceptance fees, application fees and other litigation costs. The case acceptance fee is divided into property case acceptance fee and large non-property case acceptance fee. The acceptance fee for property cases is levied irregularly according to the price of the disputed property of the parties, and the acceptance fee for non-property cases is levied according to the specific circumstances of the case. Property cases with less than 1 000 yuan shall be submitted to 50 yuan for each case; If it exceeds 1 10,000 yuan to 50,000 yuan, it will be paid by 4%; The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%; 2% for the part exceeding 654.38+10,000 yuan to 200,000 yuan; The part exceeding 500,000 yuan to 6,543,800 yuan shall be paid at 654.38+0%; The part exceeding RMB 6,543,800+0,000 Yuan shall be paid by 0.5%. Non-property cases are divided into several types: ① divorce cases, each payment is 10-50 yuan, and the total amount of property involved in property division does not exceed 10000 yuan, without additional charges; If it exceeds 1 10,000 yuan, the excess shall be paid as 1%. (two) cases of infringement of the right to name, name, portrait, reputation and honor, each of which is more than 50 yuan 100 yuan. (3) 50 yuan to 100 yuan per case of infringement of patent right, copyright and trademark right; The disputed amount shall be paid according to the charging standard of property cases. (4) For labor dispute cases, each case shall be submitted from 30 yuan to 50 yuan. ⑤ For other non-property cases, each piece 10 will be paid to 50 yuan.
The money for litigation is called legal fees. Legal fees are divided into two parts: case acceptance fees and other legal fees.
The litigation expenses shall be paid by the plaintiff in advance, and the case acceptance fee shall be borne by the losing party.
In addition to the legal fees, there are also legal fees. The cost of each litigation stage shall be negotiated by both parties and reflected in the contract. Generally, it is divided into three stages: first trial, second trial and execution, but it can also be paid in one lump sum. If the regulations are not clear, it is generally regarded as full responsibility. The charging ratio is very flexible, generally ranging from 1 to 10%.
The lawyer's fee shall be borne by the person who requests a lawyer. I. Handling civil and administrative cases
1, not involving property relations: 500-5000 yuan/piece.
2. In the case of property right relationship: according to the subject matter amount involved in the property right dispute, the accumulated fees shall be charged in segments at a ratio (standard) not higher than the following:
The charging standard of the disputed object
1 less than 10,000 yuan 500- 1 10,000 yuan
1000 1 yuan-100000 yuan 5%-4%.
1000 1 yuan-500,000 yuan 4%-3%.
50000 1 yuan-1000000 yuan 3%-2%.
10000 1 yuan-10000000 yuan part 2%- 1%.
10000065438+65438 0 yuan +0%-0.5%
Second, handling criminal cases.
1, investigation stage: providing legal advice to criminal suspects, 50-500 yuan/time; Acting for complaints and accusations, 300- 1000 yuan/piece; Apply for bail pending trial, 500- 1000 yuan/piece; 2. Review and prosecution stage: 500-3000 yuan/piece; 3. Preliminary stage: 1000-6000 yuan/piece. 4. Agent for criminal cases of private prosecution and victims of criminal cases:1000-6,000 yuan/piece if property relations are not involved; Involving property relations, in accordance with the provisions of civil cases involving property relations.
Three. Handle appeals of various litigation cases except criminal cases.
1, not involving property relations: 500-3000 yuan/piece; 2 involving property relations, in accordance with the provisions on property charges in civil cases.
Four, handling arbitration cases, in accordance with the standards of civil cases.
Five, the law firm as a legal adviser, negotiate with the client and charge fees according to the agreement.
Six, a law firm to handle non litigation legal affairs, should negotiate with the client, and charge according to the agreement.
Seven, answer legal advice, writing or making legal documents and other documents related to legal affairs, by the law firm and the client consultation, according to the agreement.
Eight, appraisal fees, transportation fees, notary fees, travel expenses for handling cases in different places, etc. The expenses incurred in handling legal affairs shall be borne by the client, and the payment method shall be stipulated in the agreement, and the fees shall be charged according to the agreement.
Nine. others
1. The above charging standards refer to the charging standards for litigation cases or arbitration cases of first instance. Cases that have passed the second trial without the first trial shall be charged according to the standards of the first trial; For cases that have passed the first and second trials, the second trial shall be charged at half the standard of the first trial; hair ......
What is litigation?
The word "lawsuit" has been a popular folk saying since ancient times. In ancient times, "official" and "secretary" both meant "official", "official" and "in charge", so the whole activity of both parties with conflicts of interest went to the government or officials to ask for a ruling on right and wrong, and the government or officials made a ruling based on the ascertained facts was called "lawsuit" by the people. For both parties with conflicts of interest, they go to the government or the Chief Executive to complain, ask for a ruling on right and wrong and safeguard their legitimate rights and interests, or argue with each other and safeguard their legitimate rights and interests because they are sued by the government or the Chief Executive. This is called litigation. The words "lawsuit" and "factory director" are still very common among the people. In some places, the penalty of deprivation of liberty is even described as "litigation". "Litigation" or "litigation" is called litigation when it is expressed in legal terms and language. Litigation is an activity in which the people's court tries disputed facts between the parties according to law and solves disputes through judicial procedures. People usually refer to people's court proceedings. All the activities carried out by the people's court, the parties and other participants in litigation to solve a case are also the whole content of the so-called litigation. Among them, prosecution, trial and execution are the three most basic stages of litigation.
Significance of litigation
The word "lawsuit" has been a popular folk saying since ancient times. "Official" and "Ministry" used to mean "official", "official" and "supervisor".