Legal fees for infringement of reputation right, 300 yuan. If damages are involved and the amount does not exceed 50,000 yuan, no additional compensation will be paid. The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid at the rate of 654.38+0%, and the part exceeding 654.38+10,000 yuan shall be paid at the rate of 0.5%.
Second, the infringement form of reputation right
(1) insult
Insult refers to the act of deliberately degrading the personality and damaging the reputation of others through words, words or actions. The subjective state of insulting behavior should be intentional, and its way can be words, words or actions, or a mixture of the above-mentioned centralized ways. The back end of Article 10 1 of General Principles of Civil Law stipulates that it is forbidden to damage the reputation of citizens and legal persons by insulting. Article 140 of the People's Opinions stipulates that anyone who fabricates facts orally or in writing, publicly vilifies others' personality, damages others' reputation by insulting or slandering, and causes certain influence shall be deemed as an act of infringing citizens' right to reputation. Slander or defame the reputation of a legal person in written or oral form, which causes damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.
(2) Defamation
Defamation refers to the act of intentionally or negligently spreading false facts about others, which leads to the degradation or damage of others' reputation. The subjective state of slander can be intentional or negligent, and its way can be words, words or any other way to spread false facts. The second half of Article 10 1 of the General Principles of Civil Law stipulates that it is forbidden to damage the reputation of citizens and legal persons by libel.
If the real names of others are deliberately used in literary works, or the plaintiff's real names and addresses are not stated, but the description of the characters clearly points to or alludes to others, and the novel content is insulting and defamatory, thus damaging its reputation, both the author and the publishing house may constitute infringement of the right of reputation.
(three) the news report is seriously untrue, causing damage to the reputation of others.
In the Supreme People's Court's reply to the case of Liang Xu v. Shanghai Culture and Art Newspaper and others infringing on the right of reputation, it was considered that the defendant Zhao Weichang wrote a seriously inaccurate article "Vibration caused by the ban on sale of 3,000 yuan" and the defendant Shanghai Culture and Art Newspaper published the article without verification, which caused adverse consequences, and both defendants' actions constituted violations of Liang Xu's right of reputation.
Third, the relevant legal provisions of the right of reputation.
Article 101 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is strictly forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Article 102 stipulates that citizens and legal persons enjoy the right of honor and it is forbidden to illegally deprive them of their honorary titles.
Article 120 stipulates that if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and may demand compensation for losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.
Article 38 of the Constitution of People's Republic of China (PRC) stipulates that the personal dignity of the people of China and the citizens of China shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Is it reasonable to pay 2820 yuan for reputation infringement? As long as the party making the claim thinks it is reasonable.
How many intellectual property civil cases are the trademark infringement litigation fees? If there is no disputed 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.
Property cases shall be paid in installments according to the amount or price claimed by 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.
What is the legal fee for a nominal infringement case? Criteria for accepting fees
(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.
Non-property case standard
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.
Excuse me, how to collect the fees for civil tort litigation? Do you mean the charging method or the amount standard? Payment: After you file a case, the court will issue a notice to pay the legal fees, and you can pay as required. If it is a charging standard, it should be calculated according to your cause of action and the amount of the subject matter.
How long is the statute of limitations for infringement of reputation? 20 17, 15 On March 6th, the Fifth Session of the 12th National People's Congress voted to pass the General Principles of the People and the State of China. This Law shall come into force as of 20 17 10 1. The first paragraph of Article 188 of the Law stipulates: "The limitation period of action for requesting protection of civil rights from the people's court is three years. If there are other provisions in the law, those provisions shall prevail. " This shows that the general limitation of civil action in China is from 20 17 10 1 for three years.
What is the litigation cost of shareholders' right to know? The litigation cost of civil cases needs to be calculated according to the specific matters and objects of prosecution.
Property cases shall be paid in installments according to the amount or price claimed by 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.
500 yuan shall pay 100 yuan for each case that infringes on the rights of personality such as 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%.
There are many kinds of evidence to be collected in reputation infringement litigation, as long as it can prove the facts. Evidence that can refer to Article 63 of the Civil Procedure Law includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.
How much is the lawyer's fee for invading personal privacy? Infringement of privacy should be liable for compensation according to law, but the state does not have a unified compensation standard, and it needs to be tried according to the actual case before reaching a conclusion.
According to the first paragraph of Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts, there are mainly the following types of liability for infringing citizens' privacy in China:
(1) Stop the infringement.
For the ongoing infringement, if the perpetrator is spreading the victim's private information and infringing on the victim's private life, the victim may request to stop the infringement to prevent the damage from happening or expanding.
(2) apologize
(3) Compensation for losses
The scope of compensation for the right to privacy mainly includes two aspects: first, compensation for the mental damage of the victim; The second is to compensate the victim for other losses caused by the infringement of privacy, mainly referring to property losses.
Article 22 of the Tort Liability Law and Article 8, paragraph 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort have caused serious mental damage to privacy rights holders and caused serious consequences, they shall bear the above legal responsibilities and pay compensation for mental damage.
According to the provisions of Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts, the following factors should be considered in determining the amount of compensation for mental damage:
1, the degree of fault of the infringer, unless otherwise provided by law;
2, the means of infringement, occasions, behavior and other specific circumstances;
3. Consequences caused by infringement;
4. The profits of the infringer;
5. The economic ability of the infringer to take responsibility;
6. The average living standard in the seat of the Court of Appeal.
Which court is under the jurisdiction of tort litigation? The jurisdiction of trademark infringement litigation is generally under the jurisdiction of the intermediate people's court where the infringement occurred.