Are the costs of civil litigation based on legal theory?

1. The litigation resolution of civil disputes is different from that of criminal litigation.

Criminal procedure is fundamentally the state's exercise of the power to convict, sentence, and execute, and it is a mandatory requirement of the law (except for a small number of private prosecution cases in criminal procedure), and public prosecution cases are the legal duty of the public security organs and procuratorial organs to investigate and initiate public prosecutions, and must be resolved through legal channels. Civil disputes, on the other hand, can be resolved in many ways, including negotiation and settlement, arbitration, mediation by relevant social organizations, and administrative handling, and judicial remedies are the ultimate way. Therefore, it is not necessary to sue for civil disputes to go to court, and if you are willing to sue, you should bear the adverse consequences of failing to prosecute, including bearing the legal costs.

2. The court did pay a certain amount of mental and physical work when hearing the case, and the demand for litigation costs is not unfounded. This raises the question, so why don't criminal proceedings require costs? First of all, this is determined by the nature of criminal prosecution, and the other is that if you ask the procuratorate to pay the fee to the court, both organs are organs supported by the state finance, and the final money is handed over to the treasury, which is equivalent to taking money from the left pocket to the right pocket, which lacks practical significance.

3. Another reason for requiring the payment of litigation fees is to prevent arbitrary litigation. To prevent the parties from resorting to judicial solutions at every turn, some problems actually need to be resolved by the courts at all. I believe that most people will not be so bored as to go to court casually, but we cannot rule out those who are extremely bored to get together to make a civil case, and then sue to the court, and finally the court decides, but in the end, the two parties do not really have legal claims, and there is no real dispute between the two parties.

4. At present, there are so many civil cases, especially those in the grassroots courts, that you can't believe it, and the time for each grassroots judge to deal with the case is very tight. In this reality, it is impossible to say that there will be no legal fees, which will lead to the collapse of the courts.

In the view of social contract theorists, ** is a collection of people who give up their rights, ** (in a broad sense) are obliged to provide various services, but this is only in general, and many specific institutional designs need to consider the practical significance. Moreover, this theory does not exist in the context of China's political system.

Yes. – Justice comes at a price. ”

The property and resources accumulated by the public (taxpayers) are consumed by the parties to the litigation, so they need to compensate the public, i.e. the litigation costs.

The fees charged by all countries for services to some people can be understood in this way...

China's civil litigation fees are determined by the type of case and litigation claims filed by the plaintiff. The specific provisions are in the Measures for Payment of Litigation Costs.

Legal basis: Article 13 of the Measures for Payment of Litigation Fees Case acceptance fees shall 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 of Hui Tsaikai shall be paid according to 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 according to 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 is not more than 200,000 yuan in advance, it will not be paid separately; 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 according to 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.

The law provides that the costs of civil litigation are generally borne by the losing party.

1. Is the defendant responsible for the lawyer's fees for minor injuries?

The law does not stipulate that if the lawsuit is won, the winning party shall pay the lawyer's fees of the other party, but there is a provision that the litigation costs shall be borne by the losing party. According to the provisions, the litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them. In cases where an agreement is reached through mediation by the people's court, 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.

2. Who bears the litigation costs for suing for divorce.

1. The litigation fees for divorce litigation are generally paid in advance by the plaintiff and then borne by the losing party.

2. In accordance with the provisions of Article 118, Paragraph 1 of the "Civil Procedure Law": Parties conducting civil litigation shall pay case acceptance fees in accordance with regulations. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations.

3. Paragraph 1 of Article 152 of the Civil Procedure Law stipulates that the judgment shall clearly state the result of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute;

2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the burden of judgment results and litigation costs;

d) the period of appeal and the court of appeal.

4. Therefore, when the plaintiff in a divorce lawsuit files a lawsuit, he may state in the judgment that the defendant is required to bear the litigation costs of the case, and if he wins the lawsuit, the litigation costs will be borne by the other party, and if he loses the lawsuit, then the plaintiff will still bear the litigation costs.

3. How much does it cost to sue for divorce?

Litigation fee: 50 yuan 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 separate payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.

The litigation costs of divorce cases are generally negotiated by the parties, and if the parties fail to reach an agreement through negotiation, the court shall determine them.

Divorce litigation fees are fees levied by the people's court on the parties requesting divorce, and according to the relevant provisions of the Civil Procedure Law, the litigation fees are generally paid in advance by the plaintiff and borne by the losing party.

Article 118 of the Civil Procedure Law stipulates that a party conducting a civil lawsuit shall pay a case acceptance fee in accordance with the regulations. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations.

Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with regulations.

The measures for collecting litigation costs shall be formulated separately.

The litigation costs of civil litigation are generally borne by the losing party, and where the case is partially won or partially lost, the amount of litigation costs to be borne by the parties is to be determined according to the specific circumstances of the case, and the winning party may also bear the amount of litigation costs voluntarily borne by the winning party. In a joint lawsuit, the amount of litigation costs is determined by the parties to the subject matter.

Article 29 of the Measures for Payment of Litigation Costs: 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 the parties on the basis of the 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.

1. If the parties request to win the lawsuit partially and lose the lawsuit partially, the parties shall bear the burden in proportion to their responsibilities.

2. Cases in which an agreement is reached through mediation shall be borne by both parties through negotiation.

3. In the case of withdrawal of the lawsuit, the plaintiff shall bear the burden, but the fee shall be reduced by half; In cases where the lawsuit is dismissed, the plaintiff bears the burden.

4. The application execution fee and the actual cost of enforcement shall be borne by the respondent. The burden of litigation costs for second-instance cases and retrial cases is as follows:

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 made a mistake in the determination of facts and the suitability of the law and the judgment is changed in accordance with law, the judgment on litigation costs shall be changed together.

Article 119 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) the defendant who has been negotiated with Ming Town;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.