Legal analysis
According to the current relevant laws and regulations of civil procedure, when a civil subject brings a lawsuit to the people's court, he shall pay the litigation fee according to the legal standards. In this regard, the "Measures for the Payment of Litigation Fees" has been clearly defined. The litigation expenses include the case acceptance fee, the application fee and the fees for witnesses and expert witnesses to testify in court. First of all, for different types of civil cases, the calculation method of case acceptance fee is different. For property cases, payment shall be made in installments according to the amount of litigation claims filed by the plaintiff. For example, if it does not exceed 1 10,000 yuan, the case acceptance fee 50 yuan shall be paid, and the part that exceeds 1 10,000 yuan but is less than110,000 yuan shall be paid at the rate of 2.5%. The part exceeding100000 yuan but not exceeding 200000 yuan shall be paid at the rate of 2%. The specific amount to be paid shall be determined in accordance with the provisions of Article 13 of the Measures for the Payment of Litigation Fees. Therefore, in cases where the money is not returned, the case acceptance fee depends on the amount owed. In addition, if there are application matters or witnesses appear in court, the plaintiff should also pay the relevant fees in advance. Who will ultimately bear the above litigation costs depends on who loses the case, and the losing party will bear it.
legal ground
"Measures for Payment of Litigation Fees" Article 13 The fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
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 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 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. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be 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 need to pay separately; 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.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.