(1) According to the current judicial interpretation in China, it is clearly stipulated that the losing party shall bear the reasonable attorney's fees of the winning party, which are divided into the following nine categories:
1, legal aid case;
2. Cases of copyright infringement;
3. Trademark infringement cases;
4. Patent infringement cases; ?
5. Cases of unfair competition;
6. Cases in which the creditor exercises the right of cancellation in contract disputes;
7. Litigation case of loan security right;
8. Personal injury compensation, reputation infringement and traffic accident cases;
9. Arbitration cases.
(2) In addition to the above circumstances, both parties may expressly stipulate in the contract that the lawyer's fees shall be borne by the losing party, otherwise they have no right to require the losing party to bear the reasonable lawyer's fees of the winning party.
Litigation costs
Litigation expenses refer to the expenses that the parties should pay to the people's court in civil, economic, maritime and administrative litigation according to law. Including:
(1) case acceptance fee;
(2) Other litigation expenses.
What has the nature of economic sanctions is the reasonable burden of litigation costs for the losing party. Among them, the case acceptance fee has the nature of national tax and should be listed as the national treasury income. It is a common practice all over the world to collect the litigation fees of civil cases according to law. In this regard, the civil procedure laws of various countries have made principled provisions, and the charging standards and calculation methods of litigation fees are published in the form of separate regulations.
meaning
The establishment of the litigation fee system has the following significance: first, charging litigation fees can reduce unnecessary expenses of the state; Second, charging legal fees can prevent civil subjects from suing indiscriminately, thus reducing some unnecessary lawsuits and reducing waste for the country and society; Third, collecting legal fees is conducive to safeguarding national sovereignty and economic interests.
kind
According to the "Measures for Payment of Litigation Fees" formulated by the State Council (hereinafter referred to as the "Measures for Payment"), litigation fees can be divided into three categories: case acceptance fees, application fees and other litigation fees.
Payment standard
Case acceptance fee and payment standard
The case acceptance fee refers to a certain fee that the parties should pay to the people's court in civil litigation according to law. Due to different cases, the standards and methods of collecting case acceptance fees are also different. According to the payment method, cases are divided into property cases, non-property cases, intellectual property rights and labor dispute cases, and the payment methods of the four different cases are different.
(1) Acceptance fees and payment standards for property cases
Property case acceptance fee refers to the case acceptance fee levied by the people's court on property disputes. According to the relevant provisions of the payment method, the case acceptance fee includes: the case acceptance fee of first instance, the case acceptance fee of second instance and the case acceptance fee that needs to be paid for retrial cases according to the provisions of the payment method.
The acceptance fee of a property case is calculated according to a certain proportion according to the size of the litigation object, and then the sum of the amounts is the total acceptance fee of the case. The specific payment standards are as follows:
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%;
4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid at 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. The part exceeding 20 million yuan shall be paid by 0.5%.
The calculation method of the acceptance fee for property cases is to calculate the amount of the subject matter of litigation in sections according to the above provisions, and then add up to get the total amount as the receivable amount.
(2) Acceptance fee for non-property cases.
The non-property case acceptance fee refers to the case acceptance fee charged by the people's court for cases involving only personal relations or personal non-property relations. The acceptance fee for non-property cases is usually paid by piece. Non-property cases involving property disputes shall be collected separately according to different situations. According to the payment method, non-property cases are paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no further payment; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(three) the acceptance fee and payment standard of intellectual property rights and labor dispute cases.
1. In civil cases of intellectual property rights, if there is no dispute about the amount and price, each piece will cost from 500 yuan to 1000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
2. Payment for each labor dispute case 10 yuan.
In the above-mentioned cases, if the parties object to the jurisdiction of the case, and the objection is not established, 50 yuan will pay 100 yuan for each case.
If there are certain provisions on the fees of the above cases, in the specific implementation, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate specific standards in light of local actual conditions.