2, the people's court received a complaint or oral prosecution, after examination, that meets the conditions for prosecution, it shall file a case within seven days, and notify the parties; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
3. The court filed a case and the defendant submitted a reply;
4. Court hearing;
5. The court pronounced the death penalty.
The plaintiff's prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It belongs to the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court;
Types of litigation costs
Litigation fees include: case acceptance fees, application fees and other litigation fees.
The case acceptance fee refers to the fee paid by the procuratorial organ to the court according to law when the court decides to accept the case.
The case acceptance fee can be divided into property case acceptance fee and non-property case acceptance fee.
(1) Property case acceptance fee
If it is a civil lawsuit caused by property disputes such as debt and contract disputes, the legal fees shall be paid according to a certain proportion of the disputed property. The law has strict regulations and corresponding calculation formulas for the payment of legal fees. Here, a group of lawyers introduce a quick calculation formula to you.
Fast calculation method:
65438+ less than 10,000 yuan ×50 yuan/piece
1 0,000 yuan-50,000 yuan ×0.04+ 10 yuan
50,000 yuan-65,438+10,000 yuan ×0.03+5 10 yuan
65438+ 10,000 yuan-200,000 yuan ×0.02+ 15 10 yuan
200,000 yuan-500,000 yuan× 0.015+2510 yuan.
500,000 yuan-1 ten thousand yuan ×0.0 1+50 10 yuan.
Exceeding 1 ten thousand yuan ×0.005+ 100 10 yuan.
For example, you are in a debt lawsuit, and Zhang San borrowed 6.5438+0.5 million yuan from you. You sue him for repayment, and the legal fees you need to pay in advance are:
150000× 0.02+1510 = 4510 yuan.
(2) Acceptance fee for non-property cases
There are many lawsuits that do not involve property disputes, such as adoption and infringement of reputation rights. The acceptance fee for such cases is paid according to a certain range. The specific charging methods are as follows:
1. Divorce cases, each case 10 yuan paid to 50 yuan. If the total amount of property does not exceed 10000 yuan, no additional fees will be charged. If it exceeds 10000 yuan, the excess shall be paid as 1%.
2. For cases of infringement of the right to name, name, portrait and honor, 500 yuan to 1000 yuan shall be paid for each case;
3. For cases of infringement of patent right, copyright and trademark right, 500 yuan to 1000 yuan shall be paid for each case, and the disputed amount shall be paid according to the standard of property cases.
4 administrative cases of public security, each to pay 30 yuan; Patent administrative cases and trademark administrative cases, each pay 1000 yuan. Labor dispute cases, each to pay 30 yuan to 50 yuan.
5. For other non-property cases, 50 yuan pays 10 yuan for each case.
(3) Application fee
The application fee refers to the fee paid by the parties to the people's court for property preservation measures.
To apply for property preservation, the payment method for quick calculation is as follows:
1, 000 yuan/piece or less 30 yuan.
1 0,000 yuan -65438+ 10 million yuan ×0.0 1+20 yuan.
More than 65438+ ten thousand yuan ×0.005+520 yuan.
(4) Other litigation costs
In addition, there are some other litigation costs, which refer to the actual costs that the parties should bear in the course of litigation. It mainly includes: inspection fee, appraisal fee, announcement fee and translation fee; Transportation, accommodation, living expenses and lost time allowance for witnesses, experts and translators to appear in court; The actual expenses of the people's court in the process of execution.
2. Prepayment of litigation costs
If you are the plaintiff in a civil case of first instance, you must pay the legal fees within 7 days from the day after receiving the notice from the court to pay the legal fees. After the lawsuit is finished, the court will give you a clear statement about who will pay. If you insist on not paying the legal fees on time, the court will dismiss the lawsuit and your case will not be heard. Similarly, the acceptance fee of the appeal case shall be paid in advance by the appellant, and if both parties appeal, the parties shall pay in advance respectively. The application fee shall be paid in advance by the applicant when making the application.
Legal basis: Article 51 of the Administrative Procedure Law. If the people's court receives a complaint and meets the requirements for prosecution as stipulated in this Law, it shall file a case for registration. If it is uncertain whether the conditions for prosecution stipulated in this Law are met on the spot, a complaint shall be received, and a written certificate indicating the date of receipt shall be issued to decide whether to file a case within seven days. If it does not meet the conditions for prosecution, it shall be ruled not to file a case. The written ruling shall specify the reasons for not filing the case. If the plaintiff refuses to accept the ruling, he can appeal. If the contents of the complaint are deficient or there are other errors, it shall be guided and explained, and the parties shall be informed of the contents that need to be corrected at one time. Shall not refuse to accept the complaint because the prosecution does not meet the conditions without guidance and explanation. If a party refuses to accept the complaint, fails to issue a written certificate after receiving the complaint, or fails to inform the party concerned of the content of the complaint that needs to be corrected at one time, the party concerned may appeal to the people's court at a higher level, which shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.