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1) In cases where the original judgment is upheld upon appeal, the appellant shall bear the burden, and if both parties appeal, both parties shall bear the burden; (2) In cases where the lawsuit is withdrawn after appeal, the appellant shall bear the burden; (3) In cases where the second-instance judgment is reversed, in addition to the first-instance burden principle, the burden of first-instance litigation costs shall be adjusted accordingly; (4) If an agreement is reached through mediation, the parties shall negotiate the litigation costs of the two trials; (5) In a case that has been retried or brought to trial by a people's court, if it is found that the original trial court was truly wrong in ascertaining the facts and applying the law, and the judgment is changed in accordance with law, the judgment on litigation costs shall be changed as well.
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The litigation costs 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 court shall decide the amount of litigation costs to be borne by the parties on the basis of the specific circumstances of the case. If the joint litigants lose the lawsuit, the court shall determine the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.
1. Case acceptance fee. It includes the first-instance case acceptance fee, the second-instance case acceptance fee, and the partial retrial case acceptance fee. Retrial cases that require payment of case acceptance fees include:
Cases in which the parties have new evidence sufficient to overturn the original judgment or ruling, apply to the court for a retrial, and the court decides to retry the case after review; Cases in which a party has not appealed a first-instance judgment or ruling of the court, and the first-instance judgment, ruling, or mediation document has taken legal effect and then applies for a retrial, and the court decides to retry it after review.
According to the Measures for Payment of Litigation Fees, the following four types of cases are not subject to case acceptance fees: (1) cases tried in accordance with the special procedures stipulated in the Civil Procedure Law; (2) Cases in which a decision is made not to accept, a lawsuit is dismissed, or an appeal is dismissed; (3) Cases of dissatisfaction with the decision not to accept or reject the lawsuit or the objection to jurisdiction, and file an appeal; (4) Administrative compensation cases.
The circumstances under which the case acceptance fee is halved include: the case is closed by mediation or the parties apply to withdraw the lawsuit; where the summary procedures are applied; Where the defendant files a counterclaim, and a third party with the right to make an independent claim submits a claim related to the case, and the court decides to combine the proceedings, the payment shall be reduced by half respectively.
2. Application fee. The parties shall pay the application fee when applying to the court for the following matters in accordance with the law: (1) applying for the enforcement of the legally effective judgment, ruling or mediation document of the court, the ruling and mediation document made by the arbitration institution in accordance with the law, and the creditor's rights document given compulsory enforcement effect by the notary public in accordance with the law; (2) application for interim measures; (3) application for a payment order; (4) Application for publicity and reminder; (5) apply for revocation of the arbitral award or determination of the validity of the arbitration agreement; (6) filing for bankruptcy; (7) Application for maritime injunctions, general average, establishment of limitation of liability for maritime claims**, 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.
3. Transportation, accommodation, living expenses and lost work allowances incurred by witnesses, appraisers, translators, and adjusters when they appear in court on the date designated by the court. This fee is to be collected by the court in accordance with the standards prescribed by the state. Parties reproducing case file materials and legal documents shall pay the cost of production to the court at the actual cost.
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Legal analysis: The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them; Where they partially win the lawsuit and partially lose the lawsuit, they shall bear their respective burdens.
Legal basis: Article 29 of the Measures for Payment of Litigation Costs: Wang Shen The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case.
Where a joint litigant loses the lawsuit, the people's court shall determine the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation. Sleepy Liang Jing.
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Who bears the costs of the lawsuit? 1. The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. 2. Where the case is partially won and the case is partially lost, the people's court shall decide the amount of litigation costs to be borne by the parties on the basis of the specific circumstances of the case.
3. Where a joint litigant loses the lawsuit, the people's court shall determine the amount of litigation costs to be borne by each party on the basis of its interest in the subject matter of the litigation. 4. Where the second-instance trial court changes the judgment or ruling made by the first-instance trial court, it shall accordingly change the first-instance trial court's decision on the burden of litigation costs. 5. In cases where an agreement is reached through mediation by the people's court, the burden of litigation costs shall be settled by both parties through negotiation; Where negotiation fails, the people's court shall make a decision.
Measures for Payment of Litigation Fees: Article 32: In retrial cases where case acceptance fees shall be paid in accordance with the provisions of article 9 (1) and (2) of these Measures, the litigation costs are to be borne by the party applying for retrial; Where both parties apply for retrial, the litigation costs are to be borne in accordance with the provisions of article 29 of these Measures. The burden of litigation costs in the original trial is to be re-determined by the people's court on the basis of the principle of burden of litigation costs.
Article 33: The burden of litigation costs in divorce cases is to be settled through negotiation between the parties; Where negotiation fails, the People's Court of the People's Court is to decide on article 34: Where the plaintiff or appellant in a civil case applies to withdraw the lawsuit, and the people's court rules to allow it, the plaintiff or appellant is to bear the case acceptance fee. Where the defendant in an administrative case modifies or revokes a specific administrative act, and the plaintiff applies to withdraw the lawsuit, and the people's court rules to allow it, the defendant is to bear the case acceptance fee. Article 30: Where a party submits a reduction in the amount of the litigation claim after the conclusion of the courtroom investigation, the case acceptance fee for the portion of the reduced amount of the request is to be borne by the party who changed the litigation claim.
The above is the question of who bears the costs of litigation, I hope it will be helpful to you.
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