After the first instance judgment, whether to appeal or not to pay the acceptance fee

To be paid, the details are as follows:

Measures for Payment of Litigation Costs

Article 17: Where an appeal is raised in a property case, the case acceptance fee is to be paid in accordance with the amount of the appeal request for the portion of the appeal that is not satisfied with the first-instance judgment.

Article 22: The case acceptance fee for appeal cases is to be paid in advance when the appellant submits the appeal petition to the people's court. If both parties file an appeal, they shall be submitted separately. Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days.

If you are not satisfied with the judgment of the first instance, you need to appeal and pay a litigation acceptance fee.

In accordance with Article 17 of the Measures for Payment of Litigation Fees, where an appeal is raised against a property case, the case acceptance fee shall be paid in accordance with the amount of the appeal request for dissatisfaction with the first-instance judgment.

Article 18: Where the defendant raises a counterclaim and a third party with the right to make an independent claim submits litigation demands related to the case, and the people's court decides to combine trials, the case acceptance fee is to be reduced by half respectively.

Article 19: In retrial cases where it is necessary to pay a case acceptance fee in accordance with article 9 of these Measures, the case acceptance fee is to be paid in accordance with the amount of the retrial request for the portion of the original judgment that is not satisfied with the original judgment.

An acceptance fee is required. The specific regulations are as follows:

1. [The basic scope of the acceptance fee that needs to be paid].

1) First-instance case acceptance fees;

2) Second-instance case acceptance fees;

3) In retrial cases, the case acceptance fee that needs to be paid in accordance with the provisions of these Measures.

2. [Circumstances of non-payment of acceptance fees].

The following cases are not subject to the case acceptance fee:

1) Cases tried in accordance with the special procedures provided for in the Civil Procedure Law;

2) Cases in which a ruling is made not to accept, a lawsuit is dismissed, or an appeal is dismissed;

3) Cases in which an appeal is raised against a decision not to accept or reject a lawsuit or an objection to jurisdiction;

4) Administrative compensation cases.

Legal analysis: It must be handed over after the judgment of the first instance of liquid dismantling. After the first-instance judgment, the losing party bears the litigation costs of the case. The litigation fees of the second instance shall be paid in advance by the appellant. When a judgment is pending, it is generally confirmed in the judgment that the losing party bears the burden, and it may also be shared.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 118:Parties conducting civil litigation to clear their property shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with the provisions of the main dismantling license. Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.

The measures for collecting litigation costs shall be formulated separately.

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

The case acceptance fee is required to pay the appeal fee in the case of the second instance. It is the fee charged to the party in accordance with the law after the people's court decides to accept the lawsuit filed by the party. The case acceptance fee can be divided into: non-property case acceptance fee.

For example, in the case of divorce, infringement of citizens' portrait rights, reputation rights, and other lawsuits brought due to personal or non-property relations, the people's courts shall collect fees from the parties in accordance with law.

Legal analysisThe litigation costs of an appeal case shall be paid in advance when the appellant submits the appeal petition to the people's court, and where both parties have filed an appeal, the two parties to the appeal shall pay in advance separately. If the appellant does not pay the litigation fees in advance within the appeal period, the people's court shall notify the appellant to make the advance payment. If the appellant fails to make the advance payment within 7 days after receiving the notice from the people's court to pay the litigation fees in advance and does not submit an application for deferment of payment, the appeal shall be handled as an automatic withdrawal.

The cost of the appeal is the same as that of the first instance proceedings. According to the provisions, the appellant can appeal directly to the people's court of second instance or through the people's court of first instance. Where the appellant appeals through the original people's court, the original people's court shall transfer the appeal petition to the people's court at the level above within 3 days, together with the case file and evidence.

However, in non-property cases, the following standards are applied: 50 to 300 yuan per divorce 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.

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

Legal basisMeasures for Payment of Litigation Fees》 Article 10: Parties applying to the people's court for the following matters in accordance with law shall pay the application fee: (1) An application for enforcement of a legally effective judgment, ruling, or mediation document of a people's court, an award or mediation document made by an arbitration institution in accordance with law, and a creditor's rights document that a notary public has given compulsory enforcement effect in accordance with law; (2) applying for preservation measures; (3) apply for a payment order; (4) Applying for publicity and reminders; (5) applying for revocation of the arbitral award or determination of the validity of the arbitration agreement; (6) Applying for bankruptcy; (7) Application for maritime injunctions, general average adjustments, establishment of limits on maritime liability**, registration of maritime claims, and reminders of ship priority; (8) Application for recognition and enforcement of foreign court judgments and rulings and awards of foreign arbitration institutions.

<> payment fee is a standard general case acceptance fee to be paid according to the following standards: (1) Property cases are to be paid cumulatively according to the following proportions according to the amount or value of the litigation claim: 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 at 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 at 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 auspicious photo. (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 from Zhenyuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid at 1%; The part of more than 100,000 yuan will 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, where there is no amount or value in dispute, 500 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 shall be paid in accordance with the following standards: 1100 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, a fee of 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.