SHANGHAI FINANCIAL COURT

Standard for Payment of Litigation Costs

Litigation involves the payment of certain litigation costs. Firstly, litigation is one of the many dispute resolution methods provided by the state, which must invest various resources, such as institutions, personnel, courts, funds, and time. Compared to other dispute resolution methods, litigation procedures are more rigorous and standardized, and their costs are higher. Secondly, reasonable litigation costs allow parties to objectively evaluate the complexity of their dispute, probability of success, and the ratio between the costs of litigation and their expected benefits. This encourages parties to take rational and practical actions, which may lead to resolving some disputes through other means, such as settlement, mediation, or arbitration, thus preventing an overflow of disputes into litigation. Finally, reasonable litigation costs also help parties to exercise their litigation rights actively and prudently, fulfill their litigation obligations, prevent the abuse of litigation rights, and reduce the possibility of litigation speculation or surprise lawsuits. Different types of cases require different litigation costs. Below, we will introduce the standards for the payment of litigation costs in a table format:

 

Property Cases

Non-property Cases

Application Fee

Admiralty Cases

Amount in Dispute

Calculation Method

Cause of Action

Charging Standard

Type

Calculation Method

Type

Charging Standard

below 10,000

50

Divorce

general situation

200 yuan

No prepayment required for the enforcement application fee

Without an execution amount or value

50 yuan to 500 yuan

Apply for the establishment of a maritime compensation liability limitation fund

1,000 yuan to 10,000 yuan

10,000 to 100,000

2.5%-200

Cases involving property division, with a total property value of less than 200,000 yuan

no additional payment required

below 10,000

50 yuan

Apply for a maritime injunction

1000 yuan to 5000 yuan

100,000 to 200,000

2%+300

the portion exceeding 200,000 yuan

0.5%

10,000 to 500,000

1.5%-100

Apply for a maritime lien notice

1000 yuan to 5000 yuan

200,000 to 500,000

1.5%+1300

Cases involving infringement of the right to name, right to title, right to portrait, right to reputation, right to honor, and other personal rights

general situation

300 yuan

500,000 to 5 million

1%+2400

Apply for maritime claim registration

1000 yuan

500,000 to 1 million

1%+3800

Cases involving damages, with a compensation amount not exceeding 50,000 yuan

no additional payment required

5 million to 10 million

0.5%+27400

Apply for joint maritime loss adjustment

1000 yuan

1 million to 2 million

0.9%+4800

the portion exceeding 50,000 yuan but not exceeding 100,000 yuan

1%

over 10 million

0.1%+67400

Fee standards for other types of cases

2 million to 5 million

0.8%+6800

the portion exceeding 100,000 yuan

0.5%

Claims filed by a rights holder who has not registered their rights with the people's court

The application fee should be paid according to the  aforementioned standards, and no case acceptance fee is required.

Type

Standard

5 million to 10 million

0.7%+11800

Others

80 yuan

Apply for preservation measures

Where the property amount does not exceed 1,000 yuan or where the property amount is not involved

30 yuan

Cases resolved through mediation or where the parties apply for withdrawal of the lawsuit

pay at half the rate

10 million to 20 million

0.6%+21800

Administrative Cases

1,000 yuan to 100,000 yuan

1%+20

Cases subject to the simplified procedure

pay at half the rate

over 20 million

0.5%+41800

Cause of Action

Charging Standard

100,000 yuan to 896,000 yuan

0.5%+520

Employment dispute cases

10 yuan

Cases without A Litigation Fee

Trademark, patent, and maritime administrative cases

100 yuan

over 896,000 yuan

5000 yuan

Objections to jurisdiction raised, but the objections were not upheld

100 yuan

Other administrative cases

50 yuan

Apply for a payment judgment

Pay one-third of the property case acceptance fee standard.

Appeals filed in property cases

pay according to the amount of the appeal against the first-instance judgment

Civil cases in special procedures

Intellectual Property Cases

Apply for a public announcement of claim

100 yuan

Counterclaims and claims made by a third party with independent rights, related to the case and requiring consolidated trial

pay separately at half the rate

Cases dismissed for non-acceptance, rejection of the lawsuit, and dismissal of the appeal

Type

Charging Standard

Apply for the annulment of the arbitration award or for the recognition of the validity of the arbitration agreement

400 yuan

Administrative compensation cases

Without a disputed amount or value

800 yuan

Apply for bankruptcy

Based on the total amount of bankruptcy assets, the fee is calculated at half of the property case acceptance fee standard, with a maximum of 300,000 yuan.

Re-trial cases that require the payment of case acceptance fees

pay according to the amount of the re-trial request that challenges the original judgment.

Appeals against rulings of non-acceptance, dismissal of the lawsuit, and jurisdictional objections

With a disputed amount or value

based on the standards for property cases

Note:

1.When parties request copies of case materials or legal documents, they should pay the actual cost as a copying fee.

2.Costs incurred during the litigation process, such as inspection fees, appraisal fees, publication fees, and translation fees, should be borne by the party making the claim, and paid directly to the relevant institutions or organizations. The people's court shall not collect these fees on behalf of the parties.

In order to fully safeguard citizens' access to legal remedies, Chinese law specifically provides for the deferral, reduction, or exemption of litigation costs. The Supreme People's Court has formulated regulations on legal aid for parties facing financial difficulties, and the State Council has also established provisions regarding the payment of litigation costs. Deferral of payment refers to when a party is indeed facing financial difficulties and temporarily unable to pay the litigation costs, and applies to the People's Court for a delay in payment. Reduction of payment refers to when a party is genuinely experiencing financial difficulties and unable to pay the full litigation costs. Upon application, the People's Court may approve a reduction of the amount to be paid. For deferral, reduction, or exemption of litigation costs, the party must submit a written application to the People's Court within 7 days of receiving the payment notice, stating the reasons and providing relevant supporting materials. If an applicant obtains judicial assistance fraudulently, the People's Court will order them to pay the litigation costs, and if they refuse to do so, their conduct will be treated as obstruction of litigation.

 

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