Should a person outside the case charge a lawsuit for enforcement of an objection?

Implement the standard for the payment of the fee for the acceptance of opposition cases.

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 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 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 at 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.

Legal analysis: The specific burden of litigation costs should be determined according to the judgment after the trial of the case is completed. In general, the costs of litigation are borne by the losing party.

When part of the plaintiff's claim is upheld and the other part is dismissed, the court shall decide that the court shall share the costs between the parties. In principle, it is distributed according to the proportion of winning and losing the case. If there are more than one party to the losing party, the court may determine the amount of litigation costs to be borne by each party according to the number of people and the size of their interest in the subject matter of the litigation (or the responsibility to be borne by the judgment).

In cases where the summary procedure is applied, the case acceptance fee will be reduced by half.

Legal basis: "Measures of the People's Republic of China for Payment of Litigation Fees" Article 12: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of payment of litigation fees from the people's court; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed.

The case acceptance fee for an appeal case 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 period of the appeal search, the people's court shall notify the appellant to make the advance payment within 7 days.

The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.

Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial aid is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

Legal Analysis Enlightenment: No matter what type of subject or what kind of reason the objection is raised, there is no remorse for the fee. If the court is dissatisfied with the ruling of the court on the objection and takes remedial measures, the following circumstances shall be respectively divided into the following circumstances:

Where parties or interested parties apply to a higher court for reconsideration, they must not charge fees. Where the law has other provisions, those provisions shall be followed.

Legal basis: Article 118 of the Civil Procedure Law of the People's Republic of China When conducting civil litigation, parties 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 regulations.

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.

Legal Analysis: There are no litigation costs. The essence of the judicial process of criminal cases is that the state punishes criminal acts, so no litigation fees are required for criminal cases, whether they are public prosecutions or private prosecutions.

Of course, the defendant may be sentenced to pay a fine, have no proceeds of crime, etc., but these do not fall within the scope of the legal costs of transferring the money to the court. Tanku.

Legal basis: Article 23 of the Code of Conduct for Laws and Regulations: Parties who fail to pay litigation fees in a timely manner (1) Where the conditions for judicial assistance are met, they are informed that they may apply for a suspension of payment or reduction of litigation fees; (2) Where the requirements for judicial aid are not met, they may be notified in writing to pay the fees within the prescribed time limit, and informed that if they fail to pay the litigation fees within the time limit without a legitimate reason, they will be treated as withdrawing the lawsuit.

Elements of an Outsider's Enforcement Objection Lawsuit I. Subject Plaintiff: Outsider (An outsider must have ownership of the subject matter of enforcement or a substantive right sufficient to prevent the transfer or delivery of the subject matter, such as the owner, the co-owner, and the creditor of the outsider may also have the right to quietly collect the debt in order to protect the debt. Defendant:

When the person subject to the application for enforcement objects to the substantive rights claimed by an outsider to the subject matter, he or she shall be listed as a co-defendant. Basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Enforcement Procedures of the Civil Procedure Law of the People's Republic of China", Article 17"Where a person not involved in the case initiates a lawsuit in accordance with article 204 of the Civil Procedure Law, asserts substantive rights against the subject matter of enforcement, and requests that enforcement of the subject matter be stopped, the person applying for enforcement shall be the defendant; Where the person subject to enforcement objects to the substantive rights asserted by a person not involved in the case against the subject matter of enforcement, the applicant for enforcement and the person subject to enforcement shall be the co-defendants.

3. Time limit for filing a lawsuit for filing an objection: The court shall make a ruling within 15 days from the date of receipt of the written objection when the enforcement court examines and handles the objection to enforcement. After a ruling suspends the enforcement of the subject matter of the objection, a person not involved in the case shall file a lawsuit within 15 days from the date on which the ruling is served.

4. Scope Limited to the enforcement of property rights.

Article 234 of the Civil Procedure Law.

Where, during the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and if the grounds are sustained, rule to suspend enforcement of the subject matter; where the reasons are not sustained, a ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it is to be handled in accordance with the trial supervision procedures; and where it is not related to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the date on which the ruling is served.

Legal analysisThe standard of lawyer's fees varies from place to place, and is to be formulated by the local competent department in conjunction with the judicial administrative department at the same level; Lawyers' fees take into account the following main factors: 1. Working hours consumed; 2. The degree of difficulty of legal affairs; 3. The client's ability to bear it; 4. Risks and liabilities that lawyers may bear; 5. Lawyer's social reputation and work level, etc. In general, litigation costs are made up of two parts, the case acceptance fee and the other litigation costs.

The property case acceptance fee shall be paid in a certain proportion according to the amount in dispute; If the disputed amount is less than 1,000 yuan, 50 yuan shall be paid for each piece, 4% shall be paid for the part exceeding 1,000-50,000 yuan, and 3% shall be paid for the part exceeding 50,000-100,000 yuan, etc. In addition to the payment of the case acceptance fee, other litigation fees must be paid, including the inquest fee, the fee for the determination of the confidant brother, the public announcement fee, and the transportation expenses for witnesses, appraisers and interpreters to appear in court; Accommodation expenses and compensation for lost work, application fees and actual expenses for taking litigation preservation measures, actual expenses for the enforcement of judgments, rulings or mediation agreements, etc.

Legal basisMeasures for the Management of Lawyers' Service Fees".

Article 10: Fees for lawyers' services may be based on the content of different services, employing methods such as piecework fees, proportional fees according to the subject amount, and hourly fees. The fee for calculating loose pieces is generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters.

Article 14: Law firms shall strictly implement the measures for the management of lawyers' service fees and fee standards formulated by the competent departments in conjunction with the judicial administrative departments at the same level.