Whether the winning party should pay the legal fees

According to the relevant laws and regulations, whether the litigation costs are required to be paid for winning the lawsuit shall be determined according to the specific circumstances and relevant provisions, and under normal circumstances, 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 the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

Measures for Payment of Litigation Costs

Article 29: Litigation costs are to 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 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 the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

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 submits 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 submit the advance file separately.

Legal analysis

Litigation is mainly to resolve disputes between parties through litigation, which is a better way to deal with disputes, and it is also the first choice for many people when they encounter problems. A lawsuit inevitably involves the payment of litigation costs, so who bears the costs of a lawsuit? For more information, please see below.

Where the defendant submits 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 submit the advance file separately. 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 by multiple people, the court may determine how much the litigation costs shall be borne by the court according to their number of persons 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 charged at half of the charge;

5. In cases where the people's court reaches an agreement through mediation, the litigation fees 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 decide;

7. The burden of litigation costs in divorce cases cannot be simply determined according to whether the lawsuit is won or lost, 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. Where a citizen who is a party has real difficulties in paying litigation fees, he may apply for a deferral, reduction, or exemption from payment, and the people's court shall review and make a decision.

Legal basis

Civil Procedure Law of the People's Republic of China》 Article 118: Parties conducting civil litigation 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.

The plaintiff shall first pay the litigation fees in the complaint, and the plaintiff shall demand the defendant to pay the litigation fees in the complaint, and if the defendant loses the lawsuit, the defendant shall pay the litigation fees in principle.

The plaintiff shall pay the litigation fee in advance within 7 days from the day after receiving the notice from the people's court to pay the litigation fees. Where the defendant makes a counterclaim, it shall be submitted in advance within 7 days of the day after the counterclaim is filed.

This may be a loss, sometimes a loss, sometimes a shared responsibility, but only if the indictment requires the other party to bear the costs of the lawsuit.

Legal analysis: Whether or not to pay litigation costs after winning a lawsuit depends on the type of case, under normal circumstances, the litigation costs are borne by the losing party, but in divorce and other cases, the two parties shall bear them through negotiation.

Legal basis: Measures for Payment of Litigation Costs》 Article 29 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 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.

If the parties to the joint litigation lose the lawsuit, the civil court shall decide the amount of litigation costs to be borne by the parties on the basis of their interest in the subject matter of the litigation.