On the question of who bears the appeal fee of the second instance

As to who bears the costs of the second-instance appeal, it should be analyzed on a case-by-case basis;

1. If the court of second instance rejects the appeal and upholds the original judgment, the appeal costs of the second instance shall be borne by the losing appellant;

2. If the people's court of second instance changes the judgment or ruling made by the people's court of first instance, the appellee shall generally bear the costs of the appeal, and the court of second instance shall accordingly change the burden of the people's court of first instance on the litigation costs.

3. If the case is agreed upon through mediation by the court of second instance, the burden of litigation costs (including appeal fees) shall be settled by both parties through negotiation; Where negotiation fails, the people's court shall make a decision.

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.

Article 30: Where the second-instance trial court changes a judgment or ruling made by the first-instance trial court, it shall accordingly modify the first-instance trial court's decision on the burden of litigation costs.

Article 31: In cases where an agreement is reached through mediation by the people's courts, the burden of litigation costs is to be resolved through negotiation between the parties; Where negotiation fails, the people's court shall make a decision.

1. In accordance with Article 20 of the Measures for Payment of Litigation Fees, the appellant shall pay the second-instance case acceptance fee in advance. In this case, it is up to you to prepay.

2. It is a principle that the litigation costs shall be borne by the losing party. But the specific situation is analyzed on a case-by-case basis. In this case, the court of second instance ruled to remand for a new trial without a substantive trial, and the court of second instance should refund the acceptance fee in accordance with Article 27 of the Measures.

The cost of accepting a case for retrial shall still be borne by the losing party. The other party should bear the burden in the case. If the other party appeals, he still needs to pay the second-instance appeal acceptance fee.

3. You can go to the Intermediate People's Court to contact your presiding judge of the second instance to explain the situation, and you can ask the Intermediate Court to make a ruling to refund your second-instance acceptance fee.

Legal analysis: The litigation costs of an appeal case should be paid to the court that filed the appeal, the court of first instance if the appeal is filed with the court of first instance, and the court of second instance if the appeal is filed with the court of second instance.

Where court defendants, private prosecutors, plaintiffs and defendants in attached civil litigation submit an appeal through the first-instance trial court, the first-instance trial court shall review whether the appeal complies with legal provisions. Where legal provisions are met, the appeal petition shall be transferred to the people's court at the level above together with the case file and evidence within 3 days of the completion of the appeal period, and a copy of the appeal petition shall be sent to the people's procuratorate at the same level and the opposing party.

The law is based on the "Measures for the Payment of Litigation Costs".

Article 22: Plaintiffs are to pay case acceptance fees within 7 days of receiving the people's court's notice to pay litigation fees; 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 appeal period, the people's court shall notify them 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 an application for judicial aid is not approved, and 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.

Article 23: In retrial cases where it is necessary to pay a case acceptance fee in accordance with article 9 of these Measures, the party applying for retrial is to pay it in advance. Where both parties apply for retrial, they are to submit them separately.

1. If the court of second instance rejects the appeal and upholds the original judgment, the costs of the appeal of the second instance shall be borne by the losing appellant;

2. If the second-instance people's court changes the judgment or ruling made by the first-instance trial court, the appellee shall generally bear the appeal costs, and the second-instance court shall accordingly change the burden of the first-instance trial court's burden on the litigation costs.

3. In the case of a case where an agreement is reached through mediation by the court of second instance, the burden of litigation costs (including appeal costs) shall be settled by both parties through negotiation; Where negotiation fails, the people's court shall make a decision.