1. What is the charging standard for the legal fees of the confirmation lawsuit?
The legal fee for confirming the lawsuit is 50 to 100 yuan.
Non-property cases are 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; More than 200 thousand yuan according to the part.
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%; More than 654.38+ten thousand yuan.
3. Pay 50 yuan to 100 yuan for each piece of other non-property cases.
4. In civil cases of intellectual property rights, 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.
5. Payment for each labor dispute case 10 yuan.
6. Administrative cases are paid according to the following standards:
1, trademark, patent and maritime administrative cases shall be paid respectively 100 yuan;
2, other administrative cases each pay 50 yuan.
7. If the parties object to the jurisdiction of the case, and the objection is not established, they shall pay 50 yuan to 100 yuan for each piece.
Second, how to collect the legal fees confirmed by the contract?
The litigation request for confirming the contract shall be confirmed as a non-property case and charged according to the number of pieces.
A lawsuit of confirmation refers to a lawsuit in which the parties request the people's court to confirm the existence or non-existence of a certain legal relationship, a lawsuit in which the right relationship or legal relationship is confirmed, and a judgment in which such a request is recognized. There are many common lawsuits to confirm the validity of contracts in the examples. In the case of such cases, the general court generally collects legal fees according to the contract amount. The litigation cases confirmed by the validity of the contract should not be collected as property cases, but as non-property cases. Charge according to the number of pieces, but not the property cases subject to the contract. The reason for this is the following:
1, the contract validity case does not necessarily involve the payment content. The plaintiff thinks that the contract signed by the defendant with others infringes the plaintiff's rights and requests the court to confirm that the contract signed by the defendant with others is invalid. The collection of legal fees is based on the subject matter of litigation. The right to claim that the contract is invalid alone is the confirmation of creditor's rights in the lawsuit of confirmation, and its litigation object is the effectiveness of contract behavior, not the lawsuit of property payment. The object of dispute between the two sides is not the increase or decrease of property interests, but the legality of civil acts;
2. If the contract is invalid, the parties shall return the property and compensate for the losses. However, this is the result of the invalidity of the contract, and its claim belongs to the independent litigation right of the parties, that is, it should be independent by the parties, and the court shall not make a judgment on its own initiative. It is up to the parties themselves to decide how much the other party wants to return and how much compensation, or not to ask for return and compensation at all, and the court can only abide by the principle of not suing and ignoring;
3. If the consequences of an invalid contract do not belong to the autonomy of the parties, it must be decided by the court on its own initiative, and it is still impossible to equate the object of the contract with the object of litigation to collect legal fees. Because the subject matter of the contract has not been realized, the contract is invalid and there is no compensation for the available benefits. Therefore, the case of confirming the invalidity of the contract can only be calculated by the amount of returned property and the amount of compensation for actual losses claimed by the parties because of the invalidity of the contract, or by the amount of property that has been performed by the court and needs to be restored to its original state, rather than by the subject matter of the contract itself.
Litigation is the process of hearing cases in court according to the procedures prescribed by law. Because it is presided over by the court, when the parties bring a lawsuit to the court, they will charge a certain fee, and the legal fees will be determined according to the nature of the case.