Method 4 [1989] 14
Date of promulgation: 198907 12 date of implementation: 1989090 1 promulgation of the Supreme Law.
Chapter I Scope of Collection of Litigation Fees
Chapter II Litigation Costs
Chapter III Prepayment of Litigation Costs
Chapter IV Burden of Litigation Costs
Chapter V Payment and Management of Litigation Costs
Chapter VI Supplementary Provisions
Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, and intermediate people's courts of cities under separate state planning:
The measures for litigation fees of the people's courts are hereby printed and distributed to you, and hope to implement them.
First, the charging standards stipulated in the Measures have been agreed by all relevant parties in the country, and courts at all levels must strictly implement the charging standards. If there are provisions in the charging standards, the higher court shall formulate specific standards and issue them together for implementation. If there are provisions on the charging standards for maritime cases, the maritime court shall decide within the scope according to the specific circumstances of the case. No other unit may separately formulate charging standards.
Two, this approach since 1 September 9891day. Cases accepted before August 3 1 are still implemented according to the provisions of the original Measures for Charging Civil Litigation (Trial).
Three, the specific charges shall be formulated by the higher people's courts and reported to the Supreme People's Court for the record.
1989 July 12 Measures of the People's Court on Litigation Fees
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According to the provisions of Article 3, Article 80, Article 178, Article 190 and Article 200 of the Civil Procedure Law of People's Republic of China (PRC) (for Trial Implementation), these Measures are formulated. Chapter I Scope of Litigation Fees Article 1 When a party engages in civil, economic, maritime or administrative litigation, it shall pay the court acceptance fee. If the parties copy the trial materials and legal documents of this case according to law, they shall pay the required fees to the people's court. Article 2 The parties to property cases and administrative cases shall pay the following fees in addition to the case acceptance fees to the people's courts:
(1) Fees for inspection, appraisal, announcement and translation (except for local spoken and written languages);
(2) Transportation, accommodation, living expenses and lost time for witnesses, expert witnesses and translators to appear in court on the date determined by the people's court;
(three) the application fee and the actual cost of taking litigation preservation measures;
(4) The actual expenses incurred in executing the judgment, ruling or mediation agreement. Article 3 Anyone who applies to the people's court for enforcement of the arbitration institution's award, the legally effective creditor's rights documents of the notary office and the administrative organ's handling and punishment decision shall pay the application enforcement fee and the actual expenses incurred in the enforcement process. Article 4 Other litigation expenses that the people's court considers should be borne by the parties. Chapter II Fees for Litigation Chapter II Fees for Litigation Chapter II Fees for Litigation Article 5 Fees for accepting cases
(a) divorce cases, each pay ten yuan to fifty yuan. Where the division of property is involved, the total amount of property shall not exceed 1 10,000 yuan, without additional charge; More than ten thousand yuan, more than one percent of the payment;
(2) 50 yuan to 100 yuan for each case of infringement of the right to name, name, portrait, reputation and honor;
(three) other non-property cases, each pay ten yuan to fifty yuan;
(four) property cases, according to the disputed price or amount, according to the following proportion:
1, less than 1000 yuan, each piece of 50 yuan;
2, more than one thousand yuan to fifty thousand yuan, paid by four percent;
3, more than fifty thousand yuan to one hundred thousand yuan, paid by three percent;
4, more than one hundred thousand yuan to two hundred thousand yuan, paid by two percent;
5, more than two hundred thousand yuan to five hundred thousand yuan, according to one point five percent to pay;
6, more than five hundred thousand yuan to one million yuan, according to one percent;
7, more than one million yuan, according to 0.5% to pay.
(5) 50 yuan to 100 yuan for each case of infringement of patent right, copyright and trademark right; The disputed amount shall be paid according to the charging standard of property cases.
(6) Administrative cases shall be paid according to the following standards:
1, public security administrative cases, each pay five yuan to thirty yuan;
2, patent administrative cases, each pay fifty yuan to four hundred yuan;
3, other administrative cases, each pay thirty yuan to one hundred yuan. The disputed amount shall be paid according to the charging standard of property cases.
(seven) labor dispute cases, each pay thirty yuan to fifty yuan.
(8) Bankruptcy cases shall be paid according to the total property value of the bankrupt enterprise and the charging standard for property cases. Article 6 If the plaintiff makes two or more claims, the defendant counterclaims, and a third party makes claims related to this case, and the people's court needs to combine them, it shall calculate and collect the case acceptance fees according to different claims. Article 7 If the amount claimed in a property case is inconsistent with the actual amount, the case acceptance fee shall be calculated and charged according to the actual disputed amount approved by the people's court. Article 8 The application execution fee shall be paid according to the following standards:
(a) to apply for enforcement of the case, the execution amount or execution price is less than 1 10,000 yuan, and each piece shall be paid to 50 yuan; More than ten thousand yuan to five hundred thousand yuan, according to 0.5% payment; The part exceeding 500,000 yuan shall be paid by 0.5%.
(two) to apply for litigation preservation measures, the amount or price of property preservation is less than 1000 yuan, and each piece shall be paid to 30 yuan; More than one thousand yuan to one hundred thousand yuan, paid by one percent; The part exceeding100000 yuan shall be paid by 0.5%.
(3) In maritime cases, one thousand yuan to five thousand yuan shall be paid for each application for arresting a ship; Apply for registration of creditor's rights, each 500 yuan; Apply for lien on goods and fuel, each 500 yuan; Where the shipowner applies for limitation of liability, he shall pay 0. 1% of the amount of the application for limitation, but the minimum amount shall not be lower than that of 500 yuan. Article 9 The amounts of consulting fees, appraisal fees, announcement fees and translation fees shall be calculated and paid according to the charging standards of relevant state departments. Article 10 The reproduction of court trial records or legal documents shall be charged according to the actual cost. Article 11 The amount of other litigation expenses that the parties should pay shall be determined by the people's court according to the relevant provisions of the state and the actual situation. Chapter III Prepayment of Litigation Costs Chapter III Prepayment of Litigation Costs Chapter III Prepayment of Litigation Costs Article 12 The acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance.
The application execution fee shall be paid in advance by the applicant.
The case acceptance fee shall be paid in advance according to the standards stipulated in Article 5; Other litigation expenses shall be decided in advance by the people's court according to the specific circumstances of the case. Article 13 The plaintiff shall pay the legal fees in advance within seven days after receiving the notice from the people's court; In a counterclaim case, the counterclaim party shall pay the case acceptance fee in advance while filing the counterclaim. If it is really difficult to pay in advance, you can apply to the people's court for deferred payment during the period of paying in advance. If the party concerned fails to pay in advance and fails to apply for extension within the period of paying in advance, it shall be dealt with as automatic withdrawal of prosecution.
The litigation costs of an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, the parties to the appeal shall pay in advance respectively. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance. If the appellant fails to pay the legal fees in advance within seven days after receiving the notice from the people's court and fails to apply for extension, the appeal will be withdrawn automatically.
The application execution fee shall be paid in advance by the applicant when submitting the application. Article 14 For a case transferred according to Articles 32, 33 and 34 of the Civil Procedure Law (for Trial Implementation), the people's court that originally accepted the case shall transfer the litigation fees received in advance to the people's court that accepted the case. Fifteenth in the process of trying economic disputes, it is found that the case is a criminal offence, and the whole case is transferred to the relevant departments for handling, and the case acceptance fee paid in advance will be refunded; If it is necessary to continue the trial after the economic dispute case is transferred, the case acceptance fee paid in advance will not be refunded. Sixteenth cases to suspend litigation, the case acceptance fee paid in advance will not be refunded. After the reasons for suspending the lawsuit are eliminated, the case acceptance fee will not be paid in advance when the lawsuit is resumed. Seventeenth cases remanded by the people's court of second instance shall not be refunded in advance; If an appeal is filed after retrial, the case acceptance fee will not be paid in advance. Article 18 The case acceptance fee paid in advance for the termination of litigation cases will not be refunded. Chapter IV Burden of Litigation Costs Chapter IV Burden of Litigation Costs Chapter IV Burden of Litigation Costs Article 19 The fees for accepting a case shall be borne by the losing party. If both parties are responsible, they should share it.
* * * If the parties lose the case, the people's court shall decide the amount they should bear according to their respective interests in the subject matter of the lawsuit. The expenses incurred by the parties in litigation for their own interests shall be borne by the parties.
Other litigation costs shall be determined by the people's court according to the specific circumstances. Article 20 If the people's court of second instance revises the judgment of the people's court of first instance, it shall, in addition to determining the burden of litigation costs of second instance, change the decision of the people's court of first instance on the burden of litigation costs accordingly.
If the people's court of second instance rejects the appeal, the appellant shall bear the acceptance fee of the appeal case, and if both parties appeal, they shall share it. Twenty-first cases reached through mediation by the people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
If the people's court of second instance tries an appeal case and reaches an agreement through mediation, the burden of all litigation costs in the first and second trials shall be settled by both parties through consultation; If negotiation fails, the people's court of second instance shall make a judgment. Article 22 The burden of litigation costs in divorce cases shall be decided by the people's court. Twenty-third cases, the case acceptance fee shall be borne by the plaintiff, charged by half; Other litigation costs are charged according to actual expenses.
If the prosecution is dismissed, the acceptance fee of the case shall be borne by the prosecuting party. Article 24 The application execution fee and the actual expenses incurred in the execution process shall be borne by the respondent.
The application fee for application for litigation preservation measures and for application for arrest of ships, goods and fuel in maritime cases shall be borne by the losing party.
The application fee for limiting the liability of the shipowner shall be borne by the applicant. Twenty-fifth expenses arising from improper litigation behavior of the parties shall be borne by the parties. Twenty-sixth cases of alimony, alimony, child care, pension and labor remuneration, the plaintiff shall not pay the case acceptance fee in advance; When the case is concluded, it shall be borne by the losing party. Article 27 If it is really difficult for a party to pay the litigation fees, it may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court. Twenty-eighth the following cases are exempt from the case acceptance fee:
(1) Cases tried in accordance with the special procedures stipulated in the Civil Procedure Law (for Trial Implementation);
(2) Cases submitted for trial or retrial in accordance with the procedure of trial supervision. Twenty-ninth parties may not appeal to the people's court's decision on litigation costs alone. Chapter V Payment and Management of Litigation Costs Chapter V Payment and Management of Litigation Costs Chapter V Payment and Management of Litigation Costs Article 30 The parties shall pay the litigation costs in advance at the court upon the notice of the people's court. Article 31 When concluding a case, the people's court shall notify me in writing of the list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the judgment, ruling or mediation, and refund more and make up less. Article 32 If a party disagrees with the calculation of litigation costs decided by the people's court, it may request the people's court to review it. If there is an error in the calculation, the people's court shall order it to be corrected. Article 33 People's courts at all levels shall establish and improve a strict charging system. Charges shall be issued with a statutory uniform receipt. Article 34 The people's courts shall strictly implement the national financial system and accept the supervision of the financial and auditing departments. Chapter VI Supplementary Provisions Chapter VI Supplementary Provisions Chapter VI Supplementary Provisions Article 35 These Measures shall apply to foreigners, stateless persons, foreign enterprises and organizations in litigation in the people's courts. However, if foreign courts treat China citizens, enterprises and organizations differently from their own citizens, enterprises and organizations, the people's courts shall treat them according to the principle of reciprocity. Article 36 These Measures shall be implemented as of 1 June 65438+September 9891day, and the original Measures for Civil Litigation Fees (for Trial Implementation) shall be abolished at the same time.
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Supplementary Provisions of the Supreme People's Court on the Measures of the People's Court for Litigation Fees
Fafafa [1999] No.21
(Adopted by the Judicial Committee of the Supreme People's Court at its1070th meeting on June 2009 1999)
Date of promulgation: 19990728 date of implementation: 19990728 promulgated by the Supreme People's Court.
According to the actual needs of the development of trial work, in order to further standardize the litigation fees of the people's courts and facilitate the parties to conduct litigation according to law, the following supplementary provisions are made to the Measures for Litigation Fees of the People's Courts (hereinafter referred to as the Measures):
I. Chapter I Article 4 of the Measures Other litigation costs that the people's court considers should be borne by the parties are as follows:
1. The parties to a non-property case shall bear the actual expenses of inspection, appraisal, announcement and translation.
The above expenses shall be borne in accordance with the provisions of Article 19 of the Measures.
2. In property cases and administrative cases, it is indeed difficult for the parties to collect and provide relevant evidence, and the people's court considers it necessary to conduct off-site investigation and evidence collection and off-site mediation in accordance with the standards stipulated by the state.
The travel expenses incurred by the people's court in investigating and collecting evidence in different places shall be borne by the party that the people's court decides to bear the burden of proof; The burden of travel expenses incurred by the people's court in mediating cases in different places shall be decided by the people's court.
Two, the parties apply for the execution of the legally effective judgments, rulings, conciliation statements and payment orders of the people's court according to law, and pay the application execution fee according to the standard stipulated in Item (1) of Article 8 of the Measures. The application execution fee and the actual expenses incurred in execution shall be borne by the respondent who unconsciously refuses to perform the effective judgment document of the people's court.
The actual expenses incurred in the execution are: the travel expenses incurred by the executors of the people's courts when executing cases in different places according to the standards stipulated by the state; The people's court or other units or individuals entrusted by the people's court to carry out inspection, appraisal, evaluation, auction, sale, warehousing, storage, transportation and other actual expenses related to the execution of this case.
Three. Items (5) and (8) of Chapter II of the Measures are amended as:
(five) intellectual property disputes, if there is no disputed amount, each piece shall be paid 500 yuan to 1000 yuan; The disputed amount shall be paid according to the charging standard of property cases.
(eight) bankruptcy cases, according to the total property value of the bankrupt enterprise, according to the charging standard of property cases, the payment shall be halved, but the maximum amount shall not exceed 6,543,800 yuan.
Four, the "measures" twenty-seventh amended as:
If a party is really unable to pay the litigation fees in full and on time due to financial difficulties, it may apply to the people's court for deferment, reduction or exemption. Whether to deferment, reduction or exemption shall be examined and decided by the people's court.
Under any of the following circumstances, the people's court shall provide judicial assistance, and according to the specific circumstances of the case, decide the parties to postpone, reduce or exempt the litigation costs:
1. The parties concerned belong to social welfare institutions such as welfare homes, orphanages, nursing homes, sanatoriums for the disabled, mental hospitals and SOS children's villages. ;
2, the parties are disabled without a fixed source of livelihood;
3. Life is difficult due to natural disasters or other force majeure, and they are receiving state relief or their production and operation are unsustainable;
4, whether the parties receive legal aid according to the relevant provisions;
5. Other circumstances that the people's court considers that judicial assistance should be provided.
5. Article 28 of the Measures is amended as: Article 28 Cases tried in accordance with the special procedures stipulated in the Civil Procedure Law of People's Republic of China (PRC) shall be exempted from the case acceptance fee.
Cases tried in accordance with the trial supervision procedures stipulated in the Civil Procedure Law of People's Republic of China (PRC) shall be handled in accordance with the following provisions:
(1) If the people's court applies for retrial according to Item (1) of Paragraph 1 of Article 179 of the Civil Procedure Law of People's Republic of China (PRC), and the people's court decides to retry after examination, the parties concerned shall pay the litigation fees in accordance with the relevant provisions of the Measures.
(2) If a party fails to appeal against the judgment or ruling of the people's court of first instance, and after the judgment or ruling of first instance or the conciliation statement becomes legally effective, the party applies for a retrial, and the people's court decides to retry after examination, it shall pay the litigation fees in accordance with the relevant provisions of the Measures.
(3) Other cases submitted for trial or retrial according to the procedure of trial supervision shall be exempted from the case acceptance fee.
Six, the people's court litigation fees should strictly implement the principle of "no charge without express provisions", in addition to the "Measures", "Supplementary Provisions" and the relevant judicial interpretation made by the Supreme People's Court expressly stipulated the scope of fees, items and standards, the people's courts at all levels shall not charge any fees, and no other unit or individual shall charge any fees in the name of litigation fees.
Seven, the supplementary provisions shall come into force as of the date of promulgation. For cases that have been concluded or executed before, the relevant expenses will not be recovered; For cases that have not been concluded or executed, the subsequent expenses shall be implemented according to supplementary provisions; The expenses incurred before shall be implemented according to the original Measures and relevant regulations, and will not be recovered.
(The measures for litigation fees of the people's courts are formulated according to the Civil Procedure Law of People's Republic of China (PRC) (Trial)). These provisions only supplement the litigation costs that need to be solved urgently, and the Measures will be revised comprehensively in the near future according to the Civil Procedure Law of People's Republic of China (PRC). )
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Every place is different.
Notice of the State Planning Commission and the Ministry of Justice on Local Formulation of Provisional Standards for Lawyers' Service Fees
Jijia [2000] No.392
Promulgated on April 4, 2000 and implemented on April 4, 2000 by the State Planning Commission and the Ministry of Justice.
All provinces, autonomous regions and municipalities directly under the central government price bureau (committee), the Department of justice:
Recently, the price and judicial administrative departments of Hunan and other provinces have written to request that the province should formulate temporary charging standards in accordance with the Interim Measures for the Administration of Lawyers' Service Fees promulgated by the State Planning Commission and the Ministry of Justice before the national charging standards for lawyers' services are promulgated. After study, the relevant issues are hereby notified as follows:
Due to the great differences in the level of economic development and the development of the lawyer industry, the service cost of lawyers and the affordability of the masses are also quite different. At present, it is still difficult to formulate a unified national lawyer service fee standard. In view of this, in order to standardize the charging behavior of lawyers' services and promote the healthy development of the lawyer industry, it is agreed that before the promulgation of the charging standards for lawyers' services formulated by the state, the competent pricing departments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the judicial administrative departments, formulate and implement the government pricing items and pricing principles stipulated in the Interim Measures for the Administration of Lawyers' Services Charges promulgated by the State Planning Commission and the Ministry of Justice. After the new regulations are formulated by the state, they shall be implemented according to the state regulations.