According to Article 6 of the Measures for Payment of Litigation Costs, the litigation costs paid by the parties to the people's court include:
(1) Fees for accepting cases
(2) Application fee
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
Referring to the first paragraph of Article 13 of the Measures for Payment of Litigation Fees, property cases shall be paid in installments according to the amount or price requested by the litigation, according to the following proportions:
1, not exceeding 1 ten thousand yuan, and each piece shall be paid to 50 yuan.
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid at 2.5%.
3, 654.38+ 10,000 yuan to 200,000 yuan, according to 2%.
4. The part exceeding RMB 200,000 to RMB 500,000 shall be paid at 1.5%.
5, more than 500 thousand yuan to 6.5438+0 million yuan, according to 654.38+0% payment.
6, more than 6.5438 million yuan to 2 million yuan, according to 0.9%.
7, more than 2 million yuan to 5 million yuan, according to 0.8% to pay.
8, more than 5 million yuan to 6.5438+million yuan, according to 0.7% to pay.
9, more than100000 yuan to 20 million yuan, according to 0.6% to pay.
10, if it exceeds 20 million yuan, it will be paid at 0.5%.
Referring to Article 20 of the Measures for Payment of Litigation Fees, 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.
Referring to Article 22 of the Measures for Payment of Litigation Fees, the plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of the people's court to pay litigation fees; 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.
Referring to Article 29 of the Measures for Payment of Litigation Costs, the litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party. 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.
Extended data
According to the General Principles of Civil Law of People's Republic of China (PRC) and Article 90 of the General Principles of Civil Law, legal loan relationship is protected by law.
According to Article 108 of the General Principles of Civil Law of People's Republic of China (PRC), the debts shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court.
According to Article 7 of the Measures for Payment of Litigation Fees, the fees for accepting cases include:
(1) Fees for accepting cases of first instance
(2) Fees for accepting cases of second instance
(three) the case acceptance fees that need to be paid in accordance with the provisions of these measures in retrial cases.
According to Article 8 of the Measures for Payment of Litigation Fees, no case acceptance fee is charged for the following cases:
(1) Cases tried in accordance with special procedures stipulated in the Civil Procedure Law.
(2) Ruling that it is inadmissible, dismissing the prosecution and dismissing the appeal.
(three) to appeal against or reject the case of prosecution and jurisdiction objection ruling.
(4) cases of administrative compensation.
Referring to Article 9 of the Measures for Payment of Litigation Fees, if a case is tried in accordance with the trial supervision procedures stipulated in the Civil Procedure Law and the Administrative Procedure Law, the parties concerned do not pay the case acceptance fee. Except in the following cases:
(a) the parties have new evidence enough to overturn the original judgment or ruling and apply to the people's court for retrial, and the people's court decides to retry after examination.
(2) A case in which the parties have not appealed against the judgment or ruling of the people's court of first instance, but the judgment or ruling of first instance or the conciliation statement has become legally effective, and the people's court decides to retry the case after examination.
Referring to Article 10 of the Measures for Payment of Litigation Fees, if a party applies to a people's court for the following matters according to law, it shall pay an application fee:
(a) to apply for the enforcement of legally effective judgments, rulings and conciliation statements of the people's courts, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary agencies according to law;
(2) Applying for preservation measures;
(3) Apply for a payment order.
(4) applying for publicity;
(five) apply for cancellation of the arbitration award or determine the validity of the arbitration agreement;
(6) filing for bankruptcy;
(7) Application for maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens;
(eight) to apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions.
Referring to Article 11 of the Measures for Payment of Litigation Fees, when witnesses, expert witnesses, translators and adjusters appear in court on the date designated by the people's court, the people's court shall collect transportation expenses, accommodation expenses, living expenses and lost time subsidies according to the standards set by the state. When copying case files and legal documents, the parties concerned shall pay fees to the people's court according to the actual cost.
With reference to Article 12 of the Measures for Payment of Litigation Fees, the people's court decided that the expenses arising from appraisal, announcement, inspection, translation, evaluation, auction, sale, custody, storage, transportation and ship supervision in the course of litigation shall be borne by the parties according to law, and the people's court shall decide to pay directly to the relevant institutions or units according to the principle of who advocates and who bears, and the people's court shall not collect and pay on behalf of them. The people's court shall, in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law, provide translation of the spoken and written languages commonly used in the local countries without charge.
According to the provisions of Article 120 of the Civil Procedure Law of People's Republic of China (PRC), the prosecution shall submit a complaint to the people's court, and submit a copy according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Referring to the provisions of Article 121st of the Civil Procedure Law of People's Republic of China (PRC), the complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
According to the provisions of Article 122 of the Civil Procedure Law of People's Republic of China (PRC), if a civil dispute brought by a party to a people's court is suitable for mediation, it should be mediated first, unless the party refuses to mediate.
Referring to Article 123 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall protect the litigation rights of the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
According to the provisions of Article 149 of the Civil Procedure Law of People's Republic of China (PRC), a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
According to the provisions of Article 236 of the Civil Procedure Law of People's Republic of China (PRC), the parties concerned must perform legally effective civil judgments and orders. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
According to Article 241 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the enforcement notice, he shall report the current property status and the property status one year before the date of receiving the enforcement notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
People's Court of Anyang County, Henan Province-Measures for Payment of Litigation Fees
China People's Congress Network-General Principles of People's Republic of China (PRC) Civil Law
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law