Whether there is a relationship between the legal costs and the amount of compensation

1. Compensation: calculated according to the specific circumstances of the case;

2. Litigation fees: Court fees shall be implemented in accordance with the Measures for Payment of Litigation Fees.

Measures for Payment of Litigation Costs

Article 13: Case acceptance fees are to be paid in accordance with the following standards:

1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5.The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;

8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;

9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10.The part exceeding 20 million yuan shall be paid according to the payment.

2) Non-property cases shall be paid in accordance with the following standards:

1.Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.

2.In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 to 500 yuan shall be paid for each case. If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; The part exceeding 100,000 yuan shall be paid according to the payment.

3.For other non-property cases, 50 to 100 yuan per case shall be paid.

3) In civil cases of intellectual property rights, if there is no disputed amount or price, 500 yuan to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases.

4) 10 yuan for each labor dispute case.

5) Administrative cases are to be paid in accordance with the following standards:

1.100 yuan for each trademark, patent, and maritime administrative case;

2.For other administrative cases, 50 yuan shall be paid for each case.

6) Where a party raises an objection to the jurisdiction of the case, and the objection is not sustained, 50 to 100 yuan shall be paid for each case.

The people of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, formulate specific payment standards within the range provided for in items (2), (3), and (6) of this article.

The standard of litigation fees for different types of cases is also different, but they are all related to the amount involved, and the percentage is generally clearly stated.

Litigation costs include case acceptance fees; Application fees, such as the cost of applying for mandatory posture walking; and expenses such as transportation and accommodation expenses for witnesses to appear in court to testify. The costs of litigation are generally borne by the losing party, but the winning party may also bear them voluntarily.

Article 29 of the Measures for Payment of Litigation Fees shall be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court shall decide on the basis of the specific circumstances of the case the amount of litigation costs to be borne by the parties. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

Who pays for the lawsuit

The case acceptance fee shall be paid in advance by the plaintiff, a third party with an independent claim, and the plaintiff of Shangshitong. Where the defendant raises a counterclaim and needs to pay the case acceptance fee in accordance with provisions, the defendant is to pay it in advance. Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance.

The application fee is to be paid in advance by the applicant.

The fees mentioned here are to be paid after they are actually incurred.

After a people's court accepts a civil lawsuit, the plaintiff who initiated the lawsuit is generally to pay the case acceptance fee in advance, and the plaintiff is to pay the case fee in advance within 7 days from the day after receiving the notice from the people's court to pay the litigation fee in advance. Where the defendant files a counterclaim, the counterclaimant is to submit it in advance when submitting the counterclaim to the people's court. If both parties file an appeal, the two parties to the appeal shall make the advance payment respectively.

Where parties have real difficulties in paying the case acceptance fee in advance, they may apply to the people's court for a delay in payment during the advance payment period. Where a party fails to pay the acceptance fee or appeal fee in advance within the prepayment period, and does not submit an application for deferred payment, it is to be handled as automatic withdrawal of the lawsuit.

The specific burden of litigation costs should be decided on the basis of the circumstances of the trial after the conclusion of the trial

1 Under normal circumstances, the litigation costs shall be borne by the losing party.

2. When the plaintiff and the defendant have won or lost, the people's court shall decide that the litigation costs shall be shared by both parties, and in principle, they shall be shared according to the proportion of winning and losing the lawsuit.

3. When the losing party is a joint lawsuit, the court may determine how much the litigation costs should be borne by the court according to their number of people and their respective interests in the subject matter of the litigation, and if there are expenses incurred by the party for the litigation act exclusively for their own interests, the party shall bear the expenses.

4. In the case of withdrawal of the lawsuit, the litigation fee shall be borne by the plaintiff and shall be charged at half.

5. In cases where the people's court reaches an agreement through mediation, the litigation costs shall be borne by both parties through negotiation, and if the negotiation fails, the people's court shall decide.

6. Where the burden of all litigation costs in the first and second instance is settled by mediation in the second instance, the parties shall bear the burden through negotiation, and if the negotiation fails, the court of second instance shall make a decision.

7. The burden of litigation costs in divorce cases cannot be determined simply on the basis of winning or losing the case, but the people's court should decide on the method of burden according to the facts of the case and the specific circumstances of the parties.

8. If the plaintiff wins the case, the court shall instruct the defendant to be responsible for repaying the case acceptance fee paid in advance.

9. If a citizen who is a party has real difficulty in paying litigation fees, he may apply for a deferment, reduction, or exemption from payment, and the people's court shall review and make a decision.