The litigation costs shall be borne by the losing party;
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation costs borne by the litigant according to its interest in the litigation object.
If the losing party bears all expenses:
1. In case of contract dispute, the creditor exercises the right of cancellation. Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I): "Article 26 The necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. "
2. Copyright civil dispute cases. Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes: "Article 26 The reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
3. Trademark civil dispute cases. Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: "Article 17 The reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 56 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
Extended data:
Contract law of the people's Republic of China
Article 74 If the debtor abandons the due creditor's rights or transfers the property for free, thus causing damage to the creditor, the creditor may request the people's court to cancel the debtor's behavior. If the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the transferee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior.
Copyright law of the people's Republic of China
Article 49 Where copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
Measures for payment of litigation fees
Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it.
If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall accordingly change the decision of the people's court of first instance on the burden of litigation costs.
Article 31 In a case reached through mediation by a 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.
References:
Baidu Encyclopedia: Payment Method of Litigation Fees
Baidu Encyclopedia: People's Republic of China (PRC) Contract Law