The different legal fees of the charging party refer to the fees that the parties should pay when they bring a lawsuit to the people's court. Lawyer's agency fee refers to the remuneration that a lawyer should charge for representing a client's legal affairs. The scope of paying the case acceptance fee includes:
1, the first-instance case acceptance fee;
2. Fees for accepting cases of second instance;
3, retrial cases, in accordance with the relevant provisions of the need to pay the case acceptance fee.
The following cases do not pay the case acceptance fee:
1. Cases tried in accordance with special procedures stipulated in the Civil Procedure Law;
2, ruling inadmissible, dismissed the prosecution, dismissed the appeal of the case;
3, refuses to accept, rejects the prosecution and the jurisdiction objection ruling, the appeal case;
4. Administrative compensation cases.
According to the trial supervision procedures stipulated in the Civil Procedure Law and the Administrative Procedure Law, the parties concerned do not pay the case acceptance fee. However, the following exceptions are made:
1. Cases where the parties have new evidence enough to overturn the original judgment or ruling and apply to the people's court for retrial, and the people's court decides to retry after examination;
2. The parties did not appeal against the judgment or ruling of the people's court of first instance, or the case that the people's court decided to retry after the judgment or ruling of first instance or the conciliation statement became legally effective.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 118 When conducting a civil lawsuit, the parties shall pay the fees for accepting the case in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations.
If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations.
Measures for charging litigation fees shall be formulated separately.
Measures of the people's court on litigation expenses
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 one 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.