We know that in our country, the country has various laws and regulations for the poor, and there are also corresponding provisions in the judiciary... Want to know more about poverty-stricken households To learn whether a lawsuit requires fees, follow me to find out.
1. Are there any fees for poor households to litigate? Generally, there is a fee. In special cases, there is no fee. In special cases, the fee can be reduced or reduced. "Measures for the Payment of Litigation Fees" Article 1 is based on the "Measures for the Payment of Litigation Fees". These Measures are formulated in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the Civil Procedure Law) and the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the Administrative Procedure Law). Article 2 The parties involved in civil litigation or administrative litigation shall pay litigation fees in accordance with these Measures. Exceptions may be made where the payment of litigation fees is not required or exempted according to these Measures. Article 8 No case acceptance fee shall be paid for the following cases: (1) Cases that are heard in accordance with the special procedures stipulated in the Civil Procedure Law; (2) Cases that are ruled not to be accepted, the prosecution is dismissed, or the appeal is dismissed; (3) Cases that are not accepted, Cases in which prosecutions are dismissed and jurisdictional objections are rejected and appeals are filed; (4) Administrative compensation cases. Article 44 If a party concerned really has difficulty in paying litigation fees, he or she may apply to the People's Court for judicial relief to defer, reduce or waive the payment of litigation fees in accordance with these Measures. The exemption from litigation costs only applies to natural persons. Article 45 If a party applies for judicial relief and meets one of the following circumstances, the people's court shall grant exemption from payment of litigation fees: (1) The disabled person has no fixed source of living; (2) Recourse for alimony, support, and childcare fees , pension; (3) Minimum subsistence allowance recipients, rural special poverty periodic relief recipients, rural five-guarantee recipients, or persons receiving unemployment insurance benefits, who have no other income; (4) Due to courageous acts of righteousness or to protect the interests of the public If one's own legitimate rights and interests are harmed, the person or his close relatives request compensation or compensation; (5) Other circumstances that really require exemption from payment. Article 46 If a party applies for judicial relief and meets one of the following circumstances, the people's court shall grant a reduction in litigation fees: (1) Living difficulties caused by natural disasters and other force majeure, the party is receiving social relief, or the family's production and operation are unsustainable. (2) Belonging to the preferential care and resettlement objects stipulated by the state; (3) Social welfare institutions and rescue management stations; (4) Other situations where it is really necessary to reduce the payment. If the people's court approves a reduction in litigation fees, the reduction ratio shall not be less than 30%.
2. Standards for payment of litigation fees. Case acceptance fees shall be paid according to the following standards: (1) Property cases shall be paid cumulatively according to the following proportions based on the amount or value of the litigation claim: 1. No more than 10,000 If the amount exceeds 100,000 yuan to 100,000 yuan, pay 50 yuan per item; 2. The amount exceeding 10,000 yuan to 100,000 yuan shall be paid in accordance with 2.5; 3. The amount exceeding 100,000 yuan to 200,000 yuan shall be paid in accordance with 2; 4. The amount exceeding 200,000 yuan to 200,000 yuan shall be paid in accordance with 2. The portion exceeding 500,000 yuan shall be paid according to 1.5; 5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid according to 1; 6. The portion exceeding 1 million yuan to 2 million yuan shall be paid according to 0.9; 7. The portion exceeding 2 million yuan shall be paid according to 1. The amount up to 5 million yuan shall be paid at the rate of 0.8; 8. The amount exceeding 5 million yuan to 10 million yuan shall be paid at the rate of 0.7; 9. The amount exceeding 10 million yuan to 20 million yuan shall be paid at the rate of 0.6; 10. The amount exceeding 20 million yuan shall be paid at the rate of 0.6 The amount of RMB 0.5 shall be paid. (2) Non-property cases should be paid according to the following standards: 1. Divorce cases should be paid between 50 yuan and 300 yuan per case. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5 will be paid. 2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case.
When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no separate payment will be made; the part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; the part exceeding 100,000 yuan shall be paid according to 0.5. 3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case. (3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan shall be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases. (4) 10 yuan is required for each labor dispute case. (5) Administrative cases shall be paid according to the following standards: 1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each; 2. Other administrative cases shall be paid 50 yuan each. (6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
3. What is the process of filing a lawsuit (1) You first need to confirm who the defendant is (that is, the person or unit you want the other party to bear liability for compensation). If it is an individual, then you need to go to the other party’s household registration Print the household registration certificate at the local police station (individuals cannot apply, lawyers can print it). If it is an organization, then you need to go to the Administration for Industry and Commerce to print the basic registration information of the organization; (2) Next, you need to write a civil lawsuit, explaining the facts and reasons, And the basis for you to ask the other party to compensate for the loss. Of course, you need to provide written evidence (oral audio/video). If you think that you cannot obtain some evidence, you can apply to the court to have the court collect evidence for you, although the possibility is very small. ; (3) When you are ready, submit the lawsuit and evidence to the filing division of the court. If it is accepted, you will be given a fee notice, and you can use the fee notice to pay the litigation fees; after paying the fees, it is considered your case It has been formally accepted. The court will arrange a date and give you a summons, which states the date, time and place of the court session, and the judge; (4) When the court session arrives, you should arrive in court on time. Being late will leave a bad image on the judge. The impression may sometimes be that you have voluntarily given up the lawsuit and it will be treated as a withdrawal of the lawsuit. The judge's clerk will verify the identities of both parties and then enter the trial stage; (5) Trial stage: The judge will first ask you if you want the judge to recuse himself. If you confirm that the judge and the defendant are relatives or have other close relationships, then you can say yes. Avoid it, otherwise you say you don’t need it. Then the formal trial is announced, and the plaintiff will be asked to read the lawsuit first, and after reading it, submit the corresponding evidence, and then ask the defendant to refute, and then enter the cross-examination stage of the evidence (trial investigation). At this time, you must review all the evidence of the other party. Carefully argue the authenticity/relevance/legitimacy, otherwise it will be detrimental to you. After the evidence has been argued, the two sides will proceed to the debate stage. Generally, the judge will allow both parties to have two opportunities to argue, but if time delays It may only happen once. At the end of the argument, the judge will usually ask both parties if they want to mediate. If both parties say yes, the judge will first mediate separately. If the mediation is unsuccessful, the judge will announce that the court will be adjourned and the verdict will be announced at a later date. After a while, the judge's clerk will notify you to pick up the judgment. (6) Before the judge makes the final decision, if you think that the case may be unfavorable to you, or that you have other litigation methods for the same subject matter, or that you are not prepared to sue the other party, you can apply to the court to withdraw the lawsuit and file a civil lawsuit. Application for withdrawal of lawsuit. Under normal circumstances, the court will allow you to withdraw the lawsuit and then give you an award. You can use the award to apply to the trial judge for a refund of half of the litigation fees. (7) After getting the judgment, if you think the judgment is unfair, you must file an appeal within the time limit specified from the date you get the judgment. Then you must write an appeal petition and submit it to the trial judge, who will submit it together with Submit your first-instance materials to the second-instance court. What you need to remember is that you must pay the appeal fee within the specified time. The appeal fee and payment time and method are stated at the end of the judgment. The court will not notify or hint. If you miss it you can't appeal. (8) If you do not appeal, and the other party does not appeal, but the other party is not willing to readily compensate you for the loss, you will need to apply to the enforcement tribunal of the court for enforcement, which will lead to a complicated enforcement process. Fighting a lawsuit requires a lot of professional skills and knowledge, so why do you need to hire a lawyer to serve you?
Lawyers are actually professional and technical personnel who deal with legal disputes. Today is a legal society, and many things closely related to life are inseparable from the law, so we should have some understanding of some common legal knowledge.