According to the provisions of Articles 6, 8 and 10 of the Measures of People's Courts for Paying Litigation Costs: After the people's courts accept civil litigation, the plaintiff who initiated the litigation will generally pay the case acceptance fee in advance, and the plaintiff will pay it in advance within 7 days from the day after receiving the notice of the people's courts for paying litigation costs in advance. If the defendant files a counterclaim, he shall pay the counterclaim fee in advance when submitting the counterclaim to the people's court. If both parties appeal, the parties to the appeal shall pay in advance respectively.
The expenses involved in a litigation activity mainly include (non-property/property) case acceptance fees, other litigation fees (if any), attorney fees (if hired) and so on. This is the litigation fee of the case. After accepting a lawsuit filed by a party, the people's court shall charge a case acceptance fee according to the type and standard of the case. If the court really needs other handling fees in the process of handling cases or other matters, it will also charge corresponding litigation fees.
If it is really difficult for the parties to pay the case acceptance fee in advance, they may apply to the people's court for deferral during the prepayment period. If the party concerned fails to pay the acceptance fee and appeal fee in advance and fails to apply for an extension, it shall be handled as automatic withdrawal. Who will bear the specific litigation costs will be decided according to the trial situation after the trial of the case.
Extended data:
Standard of litigation acceptance fee:
(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 case standards
(1). Each divorce case ranges 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 of 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) 50 yuan to 100 yuan for other non-property cases.
3.？ In civil cases of intellectual property rights, if there is no dispute about the amount or price, each piece will cost 500 yuan to 1 000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
4. Administrative cases are paid according to the following standards:
(1). Pay each trademark, patent and maritime administrative case 100 yuan;
(2) Every 50 yuan in other administrative cases.
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.
References:
Baidu Encyclopedia-Measures for Paying Litigation Fees of People's Courts
Baidu encyclopedia-legal fees