Payment of Litigation Costs
来源:原创  作者:  发布时间:  2012-2-1 点击数: 175

1. The litigation costs paid by a party concerned to the court shall include:
(1) case acceptance fee;
(2) application fee; and
(3) the traffic expenses, accommodation expenses, living expenses, and subsidies for missed work, which incurred by witnesses, authenticators, interpreters and adjustment makers for their appearing in the people’s court at designated dates.

2. Case acceptance fees shall include:
(1) case acceptance fees of the first instance;
(2) case acceptance fees of the second instance; and
(3) in the cases of post-final retrial, the case acceptance fees payable as required by the present Measures.

3. For the expenses to be lawfully borne by the party concerned due to authentication, announcement, survey, interpretation, evaluation, auction, selling-off, warehousing, custody, transport, ship supervision, etc. in the process of litigation, the court shall, in light of the principle that he who puts forward the proposal shall bear the expenses, decide that the party concerned shall directly pay the expenses to the relevant institution or entity, and the people’s court shall not charge or pay the expenses on behalf the party concerned.

4. The case acceptance fees shall be paid separately at the following rates:
4.1 The amount or price under the litigation claim in a property case shall be paid by adding up to the amounts within the following rate brackets:
1] for the part of not more than 10,000 Yuan, 50 Yuan shall be paid for each case;
2] for the part of more than 10,000 Yuan up to 100,000 Yuan, the fee shall be paid at the rate of 2.5%;
3] for the part of more than 100,000 Yuan up to 200,000 Yuan, the fee shall be paid at the rate of 2%;
4]  for the part of more than 200,000 Yuan up to 500,000 Yuan, the fee shall be paid at the rate of 1.5%;
5] for the part of more than 500,000 Yuan up to 1 million Yuan, the fee shall be paid at the rate of 1%;
6] for the part of more than 1 million Yuan up to 2 million Yuan, the fee shall be paid at the rate of 0.9%;
7] for the part of more than 2 million Yuan up to 5 million Yuan, the fee shall be paid at the rate of 0.8%;
8] for the part of more than 5 million Yuan up to 10 million Yuan, the fee shall be paid at the rate of 0.7%;
9] for the part of more than 10 million Yuan up to 20 million Yuan, the fee shall be paid at the rate of 0.6%; and
10]  for the part of more than 20 million Yuan, the fee shall be paid at the rate of 0.5%.
4.2  For non-property cases, the case acceptance fee shall be paid at the following rates:
1]  For each divorce case, 50 Yuan up to 300 Yuan shall be paid. If property partition is involved, and the total amount of properties does not exceed 200,000 Yuan, no additional fee shall be paid; for the part more than 200,000 Yuan, the fee shall be paid at the rate of 0.5%.
2]  For each case on injury to the right to name, the right to portrait, the right to reputation, the right to honor or other right to personality, 100 Yuan up to 500 Yuan shall be paid. If compensation for damage is involved, and the compensation amount is not more than 50,000 Yuan, no additional fee shall be paid; for the part of more than 50,000 Yuan up to 100,000 Yuan, the fee shall be paid at the rate of 1%; for the part of more than 100,000 Yuan, the fee shall be paid at the rate of 0.5%.
3]  For each other non-property case, 50 Yuan up to 100 Yuan shall be paid.
4.3 For each civil case on intellectual property right, if there is no disputed amount or price, 500 Yuan up to 1000 Yuan shall be paid; if there is any disputed amount or price, the fee shall be paid at the rate for property cases.
4.4 For each labor dispute case, 10 Yuan shall be paid.
4.5 For administrative cases, the fees shall be paid at the following rates:
1] For each trademark, patent, or maritime administrative case, 100 Yuan shall be paid;
2]  For each administrative case of any other kind, 50 Yuan shall be paid.
4.6  Where the party concerned puts forward an objection to the jurisdiction over the case, but the objection is not tenable, 50 Yuan up to 100 Yuan shall be paid.

5 The application fees shall be paid separately at the following rates:
5.1 When lawfully applying to the people’s court for enforcement of a judgment, ruling or letter of mediation of the people’s court which has become legally effective, an award or letter of mediation lawfully made by an arbitration institution, a credit document which the public notarial organ grants with force of compulsory enforcement, or applying for acknowledgement or enforcement of a foreign court’s judgment or ruling or a foreign arbitration institution’s award, the party concerned shall pay the fee at the following rates:
1] If there is no enforceable amount or price, 50 Yuan up to 500 Yuan shall be paid for each case.
2] If the enforceable amount or price is not more than 10,000 Yuan, 50 Yuan shall be paid for each case; for the part of more than 10,000 Yuan up to 500,000 Yuan, the fee shall be paid at the rate of 1.5%; for the part of more than 500,000 Yuan up to 5 million Yuan, the fee shall be paid at the rate of 1%; for the part of more than 5 million Yuan up to 10 million Yuan, the fee shall be paid at the rate of 0.5%; for the part of more than 10 million Yuan, the fee shall be paid at the rate of 0.1%.
3] If an obligee who conforms to Paragraph 4 of Article 55 of the Civil Litigation Law but has not been registered brings a lawsuit with the people’s court, he shall pay the application fee at the rate prescribed in the present Article, instead of paying the case acceptance fee.
5.2 When applying for a preservation measure, the party concerned shall pay the fee at the following rates in view of the value of the actually preserved property:
If the property amount is not more than 1,000 Yuan or does not involve any property amount, 30 Yuan shall be paid for each case;
for the part of more than 1,000 Yuan up to 100,000 Yuan, the fee shall be paid at the rate of 1%;
for the part of more than 100,000 Yuan, the fee shall be paid at the rate of 0.5%.
However, the expenses paid by the party concerned in applying for the preservation measure shall not exceed 5,000 Yuan.
5.3 When lawfully applying for a payment warrant, the party concerned shall pay the fee at 1/3 of the property case acceptance fee rate.
5.4 When lawfully applying for a public summon, the party concerned shall pay 100 Yuan for each case.
5.5 When applying for the revocation of an arbitral award or affirmation of the effectiveness of an arbitration agreement, the party concerned shall pay 400 Yuan for each case.
5.6 For a bankruptcy case, the fee shall be calculated at the total value of the insolvent properties, and be paid at a half of the property case acceptance fee rate, provided, however, the fee shall not exceed 300,000 Yuan.
5.7 The application fees of maritime cases shall be paid at the following rates:
1] When applying for the establishment of a limitation fund for maritime claims in each case, the party concerned shall pay 1,000 Yuan up to 10,000 Yuan;
2] When applying for maritime injunction in a case, the party concerned shall pay 1,000 Yuan up to 5,000 Yuan per case;
3] When applying for the summon of a priority claim to the ship in a case, the party concerned shall pay 1,000 Yuan up to 5,000 Yuan per case;
4] When applying for maritime credit registration in a case, the party concerned shall pay 1,000 Yuan per case;
5] When applying for general average adjustment in a case, the party concerned shall pay 1,000 Yuan per case.

6。Where a defendant files a counterclaim, and meanwhile a third person with an independent claim files a litigation claim relevant to the present case, and the people’s court decides to try them together, the case acceptance fees shall be paid at half the rates.

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