1. The court litigation expenses include: the case acceptance fees, application fees, transportation fees, accommodation fees, living expenses, lost time fees, etc. incurred by witnesses, appraisers, translators and adjusters appearing in court on the date specified by the people's court. Of course, there are exceptions in the payment method of litigation fees, such as non-payment, half payment, increase or decrease payment, advance payment and so on. The litigation expenses shall be paid in advance by the plaintiff or the applicant, and 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. However, the expenses for applying for execution of bankruptcy shall be directly charged to the person subjected to execution, or paid after bankruptcy liquidation.
2. In the cases of infringement, negotiorum gestio and unjust enrichment, the lawyer's agency fee is mainly paid by us and ultimately borne by us. If the plaintiff, appellant, applicant, etc. Judges generally do not support asking the losing party to bear the lawyer's fees, but there are exceptions. However, the author strongly appeals that the relevant expenses of the parties (including lawyer's agency fees) arising from litigation or arbitration should be borne by the losing party. Because it is precisely because of the relevant reasons of the losing party that the expenses of lawyers' agency fees for resorting to law have arisen. Should be borne by the losing party. In intellectual property litigation cases, according to Article 48 of the Copyright Law, Article 56 of the Trademark Law and the Trial Practice of the Patent Law, the lawyer's fees are included in the scope of losses (of course, the amount determined by the court) and should be listed separately or borne by the losing party together with the damages.
3. In contract litigation, if there is an agreement on the lawyer's agency fee based on the contract, the agreement shall prevail; If there is no agreement, the general liability rules in tort litigation, negotiorum gestio litigation and unjust enrichment litigation shall apply. In the process of accepting a case, a lawyer must clearly explain all kinds of fees to the parties, and inform the legal fees and lawyer's agency fees respectively. Otherwise, the parties will inevitably have ambiguity. Bring unnecessary trouble to lawyers' practice.
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Litigation expenses refer to the expenses that the parties should pay to the people's court in civil, economic, maritime and administrative litigation according to law. In which: (1) case acceptance fee; (2) Other litigation expenses. What has the nature of economic sanctions is the reasonable burden of litigation costs for the losing party. Among them, the case acceptance fee has the nature of national tax and should be listed as the national treasury income. It is a common practice all over the world to collect the litigation fees of civil cases according to law. In this regard, the civil procedure laws of various countries have made principled provisions, and the charging standards and calculation methods of litigation fees are published in the form of separate regulations.
References:
? Civil litigation costs-China Pufa. com Baidu Encyclopedia-Measures for paying legal fees