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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