Who bears the litigation costs of the lawsuit, and who bears the litigation costs of the lawsuit

Generally, the losing party shall bear the litigation costs, unless the winning party voluntarily bears them.

Legal basis: Article 29 of the Measures for Payment of Litigation Costs provides that 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.

Legal Analysis: The costs of litigation are generally borne by the losing party, but the winning party can voluntarily bear them. Common litigation cost sharing mainly includes the following situations:

1. 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, and the court shall decide if the negotiation fails;

2. In divorce cases, the burden of litigation costs shall be settled by both parties through negotiation, and the court shall decide if the negotiation fails;

3. In cases where the court rules to allow the plaintiff or appellant to withdraw the lawsuit, the plaintiff or appellant shall bear the acceptance fee;

4. The application fee shall be borne by the person subject to enforcement for the enforcement of the legally effective judgment, ruling and mediation document of the people's court, the ruling and mediation document made by the arbitration institution in accordance with the law, and the creditor's right document with the effect of compulsory enforcement by the notary public in accordance with the law;

5. The plaintiff or applicant shall bear the cost of announcing the trial of a case in accordance with the special procedures.

Legal basis: "Measures for Payment of Litigation Costs" Article 31: 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.

The litigation costs of the lawsuit should be borne by the losing party, that is, the plaintiff shall pay in advance and the losing party shall ultimately bear the costs. If the plaintiff and the defendant each have a victory or defeat, 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; In cases where the lawsuit is withdrawn, the litigation fee shall be borne by the plaintiff and shall be charged at half.

[Legal basis].Article 118 of the Civil Procedure Law.

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.

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Hello. Litigation fees are the fees that parties should pay when initiating litigation procedures with the people's courts, except where litigation fees may not be paid or waived. Litigation fees generally include case acceptance fees, application fees, and transportation expenses, accommodation expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters in appearing in court on a specified date.

The costs of litigation are generally borne by the losing party, but the winning party may voluntarily bear them.

1. 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, and the court shall decide if the negotiation fails; 2. In divorce cases, the burden of litigation costs shall be settled by both parties through negotiation, and the court shall decide if the negotiation fails; 3. In cases where the court rules to allow the plaintiff or appellant to withdraw the lawsuit, the plaintiff or appellant shall bear the acceptance fee; 4. The application fee shall be borne by the person subject to enforcement for the enforcement of the legally effective judgment, ruling and mediation document of the people's court, the ruling and mediation document made by the arbitration institution in accordance with the law, and the creditor's right document with the effect of compulsory enforcement by the notary public in accordance with the law; 5. The plaintiff or applicant shall bear the cost of announcing the trial of a case in accordance with the special procedures.

Take a look. Generally speaking, where a party does not need to pay an acceptance fee, but the party has new evidence sufficient to overturn the original judgment or ruling and applies to the people's court for a retrial, or the party has not appealed the first-instance judgment or ruling, and applies for a retrial after the first-instance judgment, ruling or mediation document takes effect, and the people's court decides to retry after review, it is necessary to pay litigation fees, which are borne by the party applying for retrial, and where both parties apply for retrial, the litigation costs are borne by the losing party and the winning party voluntarily bears them.

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Who bears the costs of a lawsuit depends on the case and is as follows:

1. The litigation costs of a general lawsuit shall be borne by the party who loses the lawsuit;

2. If both parties are responsible, they shall be shared by both parties. If the joint litigants lose the lawsuit, the people's court shall determine the amount to be borne by each of them on the basis of their respective interests in the subject matter of the litigation. If there are any expenses incurred for litigation acts exclusively for their own interests, the party shall bear them;

3. The people's court shall determine the amount to be borne by both parties according to the circumstances of the bending body. In cases where an agreement is reached through mediation by the people's court, the burden of litigation costs shall be resolved through negotiation between the two parties; Where negotiation fails, the people's court shall make a decision. The burden of litigation costs in divorce cases is to be decided by the people's courts.

The parties shall pay the litigation fees in advance to the court with the notice of the people's court. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties. At the same time, the litigation costs to be borne by each party shall be clearly stated in the judgment, ruling or mediation document of Duan Zhiran.

The parties shall settle the litigation costs with the people's court on the basis of the payment receipts and the judgment, ruling or mediation document, and refund the excess and make up the deficiency. Where parties have objections to the calculation of litigation costs decided by the people's court, they may request a review from the people's court. If there is indeed an error in the calculation, the people's court shall correct it with a ruling.

[Legal basis].Article 20 of the Measures for Litigation Fees of the People's Courts.

Where the second-instance trial court changes the judgment of the first-instance trial court, in addition to determining the parties' burden of the second-instance trial litigation costs, it shall also change the first-instance trial court's decision on the burden of litigation costs.

Legal analysis: According to the laws of our country, the losing party shall bear the responsibility.

Legal basis: Article 207 of the Supreme People's Court's Interpretation of the Civil Procedure Law of the People's Republic of China on the Application of the People's Republic of China: After the judgment takes effect, the people's court shall refund the litigation costs paid in advance by the winning party but should not bear them, and the losing party shall pay them quietly to the people's court, except where the winning party voluntarily bears or agrees that the losing party will pay directly to the party. Where a party refuses to pay litigation fees, the people's court may enforce it.