Decree No. 481 of the State Council of the People's Republic of China
The "Measures on the Payment of Litigation Fees" was adopted at the 159th executive meeting of the State Council on December 8, 2006, and is hereby promulgated and will go into effect as of April 1, 2007.
Premier Wen Jiabao
Issue symbol: Law(Division) Issue[ 1989] Number 14.
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Civil Procedure Law) and the Administrative Procedure Law of the People's Republic of China(hereinafter referred to as the Administrative Procedure Law).
Article 2 The parties to a civil lawsuit or administrative lawsuit shall pay litigation fees in accordance with these Measures.
Except for those who may not pay or are exempt from paying litigation fees as provided for in these measures.
Article 3 In the course of litigation, fees shall not be charged to the parties in violation of the scope and standards of these Measures.
Article 4 The State shall provide judicial relief to parties who have genuine difficulties in paying litigation fees, guarantee their exercise of litigation rights according to law and safeguard their lawful rights and interests.
Article 5 These Measures shall apply to the actions of foreigners, stateless persons, foreign enterprises or organizations in the people's courts.
Where foreign courts treat citizens, legal persons or other organizations of the People's Republic of China differently from their own citizens, legal persons or other organizations in the payment of litigation fees, the principle of reciprocity shall apply.
Chapter II Scope of Payment
Article 6 The litigation expenses that the parties shall pay to the people's court include:
(I) Case-related fees;
(II) Application fees;
(3) transportation expenses, accommodation expenses, living expenses and subsidies for missed work incurred by witnesses, expert witnesses, translators and adjusters on the date they appear before a people's court.
Article 7 The fees payable in cases shall include:
(1) fees for receiving cases of first instance;
(2) fees for receiving cases of second instance;
(3) fees to be paid in the case of retrial in accordance with the provisions of these Measures.
Article 8 In the following cases, no fees shall be paid for the processing of cases:
(1) cases heard in accordance with the special procedures provided for in the Civil Procedure Law;
(2) cases where the case is ruled inadmissible, the prosecution is dismissed or the appeal is rejected;
(3) cases in which an appeal is lodged against inadmissibility, dismissal of the indictment and a decision on disagreement over jurisdiction;
(4) cases of administrative compensation.
Article 9 Where a case is tried in accordance with the procedures for trial supervision stipulated in the Civil Procedure Law and the Administrative Procedure Law, the parties concerned shall not pay the fees for handling the case. Except:
(1) if the parties have new evidence sufficient to overturn the original judgment or order and apply to a people's court for retrial, and the people's court decides to retrial after examination;
(2) cases in which the parties have not appealed the judgment or written order of the people's court of first instance, and after the judgment or written order of first instance or the conciliation statement becomes legally effective, the people's court applies for retrial, and the people's court decides to retrial the case after examination.
Article 10 If a party applies to a people's court according to law for the following items, he shall pay the application fee:
(1) to apply for the execution of legally effective judgments, written orders and conciliation statements of the people's courts, the awards and conciliation statements made by arbitration institutions according to law, and the creditor's rights instruments to which the notarial institutions have given effect according to law;
(2) to apply for measures of preservation;
(3) to apply for an order of payment;
(4) to apply for a public reminder;
(5) to apply for the cancellation of the arbitral award or to determine the validity of the arbitration agreement;
(6) to file for bankruptcy;
(7) to apply for a maritime injunction, for the adjustment of common average, for the establishment of a limitation fund for maritime claims liability, for the registration of maritime claims and for the promotion of maritime liens;
(8) to apply for recognition and enforcement of foreign court decisions, orders and awards of foreign arbitral institutions.
Article 11 The people's courts shall, in accordance with the standards prescribed by the State, collect the expenses of transportation, accommodation, living expenses and subsidies for missed work incurred by witnesses, expert witnesses, translators and adjusters on the dates they appear before the people's courts.
The parties concerned shall pay the fee to the people's court for copying the materials and legal documents of the case file according to the actual cost.
Article 12 In the course of litigation, the people's court shall, on the basis of the principles of who claims and who bears the expenses that should be borne by the parties according to law, such as identification, announcement, inspection, translation, evaluation, auction, sale, storage, custody, transportation and supervision of the ship, If the decision is made by the parties directly to the relevant institution or unit, the people's court shall not collect the payment on behalf of them.
The people's court shall not charge for the translation of the spoken and written languages of the local nationalities in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law.
Chapter III Standards of Payment
Article 13 Fees for handling cases shall be paid in accordance with the following standards:
(1) in property cases, in accordance with the amount or price requested in the proceedings, to be paid in aggregate according to the following proportions:
1. If it does not exceed 10,000 yuan, pay 50 yuan per unit;
2. The amount of more than 10,000 yuan to 100,000 yuan shall be paid in accordance with 2.5 %;
3. If the amount exceeds 100,000 yuan to 200,000 yuan, pay according to 2 %;
4. If the amount exceeds 200,000 yuan to 500,000 yuan, pay according to 1.5 %;
5. If the amount exceeds 500,000 yuan to 1 million yuan, pay according to 1 %;
6. For parts exceeding 1 million yuan to 2 million yuan, pay according to 0.9 %;
7. For parts exceeding 2 million yuan to 5 million yuan, pay 0.8 %;
8. If the amount exceeds 5 million yuan to 10 million yuan, pay according to 0.7 %;
9. For parts exceeding 10 million yuan to 20 million yuan, pay according to 0.6 %;
10. The amount of more than 20 million yuan is paid according to 0.5 %.
(II) Non-property cases shall be paid according to the following criteria:
1. Payment of 50 yuan to 300 yuan per divorce case. If the total amount of property involved in the division of property does not exceed 200,000 yuan, no additional payment shall be made; The portion exceeding 200,000 yuan is paid according to 0.5 %.
2. Cases of infringement of the right to name, name, portrait, reputation, honor, and other personal rights shall be paid between 100 and 500 yuan per case. Where damages are involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part that exceeds 50,000 yuan to 100,000 yuan is paid according to 1 %; The portion exceeding 100,000 yuan is paid according to 0.5 %.
3. Other non-property cases pay between 50 and 100 yuan per case.
(3) in civil cases involving intellectual property rights, if there is no disputed amount or price, 500 yuan to 1,000 yuan per unit; The amount or price in dispute shall be paid in accordance with the standards for property cases.
(4) 10 yuan for each case of labor dispute.
(5) Administrative cases shall be paid according to the following criteria:
1. 100 yuan per trademark, patent, and maritime administrative case;
2. Other administrative cases pay 50 yuan each.
(6) If a party raises an objection to the jurisdiction of the case but the objection is not established, he shall pay 50 yuan to 100 yuan for each item.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, taking into account local actual conditions, formulate specific payment criteria within the range specified in subparagraphs(2),(3) and(6) of this Article.
Article 14 Application fees shall be paid according to the following criteria:
(1) to apply to a people's court for the execution of legally effective judgments, orders and conciliation statements of the people's court, awards and conciliation statements made by arbitration institutions according to law, and creditor's rights instruments given effect by notarial organs according to law; Where an application is made for recognition and enforcement of a foreign court judgement or order and an award made by a foreign arbitral institution, the following criteria shall be applied:
1. If there is no execution amount or price, each piece will be paid between 50 yuan and 500 yuan.
2. If the amount of execution or the price does not exceed 10,000 yuan, 50 yuan shall be paid for each item; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to 1.5 %; The part that exceeds 500,000 yuan to 5 million yuan is paid according to 1 %; Those exceeding 5 million yuan to 10 million yuan are paid according to 0.5 %; The amount of more than 10 million yuan is paid in accordance with 0.1 %.
3. In accordance with the provisions of Article 55, paragraph 4 of the Civil Procedure Law, if the obligee who has not participated in the registration file a lawsuit with the people's court, he shall pay the application fee in accordance with the standards specified in this paragraph and shall no longer pay the case handling fee.
Article 14 Application fees shall be paid according to the following criteria:
(1) to apply to a people's court for the execution of legally effective judgments, orders and conciliation statements of a people's court, awards and conciliation statements made by an arbitration institution according to law, and debts legally enforced by a notarial organ.
(2) where an application for preservation measures is made, the amount of property actually preserved shall be paid according to the following criteria:
If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan per unit shall be paid; For parts exceeding 1,000 yuan to 100,000 yuan, pay according to 1 %; The portion exceeding 100,000 yuan is paid according to 0.5 %. However, the maximum fee paid by the parties to apply for preservation measures shall not exceed 5,000 yuan.
(3) to apply for an order of payment according to law, one third of the standard for handling fees in property cases.
(4) to pay 100 yuan for each piece of application for public notice according to law.
(5) 400 yuan for each application for setting aside the arbitral award or for determining the validity of the arbitration agreement.
(6) bankruptcy cases shall be calculated on the basis of the total amount of the bankruptcy property and paid in half in accordance with the criteria for receiving fees for property cases, but the maximum amount shall not exceed 300,000 yuan.
(7) The application fees for maritime cases shall be paid according to the following criteria:
1. An application for the establishment of a limitation fund for maritime claims shall be made from 1,000 yuan to 10,000 yuan each;
2. If an application for a maritime injunction is made, it shall be paid from 1,000 yuan to 5,000 yuan per piece;
3. If you apply for a maritime lien notice, you will pay 1,000 yuan to 5,000 yuan per item;
4. If you apply for registration of maritime claims, you will pay 1,000 yuan per item;
5. If you apply for common average adjustment, you will pay 1,000 yuan per item.
Article 15 If a case is settled through mediation or the parties apply for withdrawal of the case, they shall pay the case acceptance fee in half.
Article 16 The payment of fees shall be halved for cases subject to summary procedure.
Article 17 Where an appeal is filed against a property case, the case acceptance fee shall be paid in accordance with the amount of the appeal request from the first instance judgment.
Article 18 Where a defendant brings a counterclaim or a third party with the right to make an independent claim makes a claim in relation to the case, the people's court shall, if it decides to conduct a joint trial, halve the amount of the fee for handling the case.
Article 19 in accordance with the provisions of article 9 of these measures, cases subject to trial fees shall be subject to trial fees according to the amount of the request for trial against the original judgment.
Chapter IV Payment and Refund
Article 20 The fees for handling a case shall be paid in advance by the plaintiff, the third party and the appellant who have the right of independent claim. If the defendant files a counterclaim and the case acceptance fee needs to be paid according to the provisions of these Measures, the defendant shall pay it in advance. Cases for which Labour remuneration is sought may not be paid in advance.
The application fee shall be paid in advance by the applicant. However, the application fees specified in Article 10(1) and(6) of these Measures shall not be paid in advance by the applicant, and the application fees shall be paid after the execution of the application fees, and the bankruptcy application fees shall be paid after liquidation.
Fees specified in Article 11 of these Measures shall be paid after they are actually incurred.
Article 21 When a party changes the amount of his claim in a lawsuit, the expenses incurred in handling the case shall be dealt with in accordance with the following provisions:
(1) where the party increases the amount of the claim, the amount of the claim shall be calculated and paid in accordance with the increased amount;
(2) Where a party submits a request for reduction of the amount of the claim before the end of the court investigation, the refund shall be calculated according to the reduced amount of the claim.
Article 22 The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of the people's court to pay litigation expenses; The counterclaim case is filed by the party who filed the counterclaim to pay the case acceptance fee within 7 days after the filing of the counterclaim.
The fees for the hearing of the case on appeal shall be paid in advance by the appellant when he submits his petition to the people's court. If both parties file an appeal, they shall pay it in advance. If the appellant does not pay the litigation expenses in advance during the appeal period, the people's court shall notify him to make the advance payment within 7 days.
The application fee shall be paid in advance by the applicant at the time of filing or within the time limit specified by the people's court.
Where a party fails to pay the litigation fees and has not filed an application for judicial relief, or the application for judicial relief has not been approved, and the court fails to pay the litigation expenses within the time limit specified by the people's court, the people's court shall handle the case in accordance with relevant regulations.
Article 23 For a retrial case that requires payment of a case acceptance fee in accordance with the provisions of Article 9 of these Measures, the party applying for retrial shall submit it in advance. If both parties apply for retrial, they shall pay in advance.
Article 24 Where a case is transferred or transferred in accordance with the provisions of Articles 36, 37, 38 and 39 of the Civil Procedure Law, the people's court that originally accepted the case shall transfer the litigation expenses previously paid by the parties to the people's court that received the case with the case.
Article 25 If a people's court discovers a suspected criminal offence in the course of hearing a civil case and transfers the case to the relevant department for handling, the fees paid by the parties for handling the case shall be refunded; If the civil case needs to be continued after the transfer, the fees paid by the parties to the case shall not be refunded.
Article 26 In cases of suspension of proceedings or suspension of execution, the fees and application fees paid in respect of the cases shall not be refunded. The reasons for suspending the lawsuit and suspending the execution shall be eliminated, and if the lawsuit or execution is resumed, the case acceptance fee and application fee shall no longer be paid.
Article 27 If the people's court of second instance decides to remand the case for retrial, it shall refund the fee paid by the appellant for the acceptance of the case of second instance.
If the people's court of first instance decides not to accept the case or rejects it, it shall refund the fees paid by the party concerned for the handling of the case; If the party concerned appeals against the decision of the People's Court of first instance not to accept the case or to dismiss the lawsuit, and the People's Court of second instance upholds the order made by the People's Court of first instance, the People's Court of first instance shall refund the fees paid by the party for handling the case.
Article 28 In cases where litigation is terminated in accordance with the provisions of Article 137 of the Civil Procedure Law, the fees paid for the cases shall not be refunded in accordance with the provisions of these Measures.
Chapter V Burden of Litigation Costs
Article 29 The cost of litigation shall be borne by the losing party, except where the winning party voluntarily undertakes it.
If a partial victory or partial defeat is won, the people's court shall, in light of the specific circumstances of the case, decide on the amount of litigation expenses to be borne by each party.
If the parties to the joint proceedings lose the case, the people's court shall, on the basis of their interests in the subject matter of the proceedings, decide on the amount of litigation expenses each party shall bear.
Article 30 Where a people's court of second instance alters a judgment or order rendered by a people's court of first instance, the decision of the people's court of first instance on the burden of litigation expenses shall be changed accordingly.
Article 31 In cases where an agreement is reached through mediation by a people's court, the burden of litigation expenses shall be settled by the parties through consultation; If consultation fails, the people's court shall decide.
Article 32 in accordance with the provisions of Article 9(1) and(2) of these Measures, the costs of litigation shall be borne by the parties who apply for retrial. If both parties apply for retrial, the litigation expenses shall be borne in accordance with the provisions of Article 29 of these Measures. The burden of the original litigation expenses shall be re-determined by the people's court according to the principle of the burden of litigation expenses.
Article 33 The burden of litigation expenses in divorce cases shall be settled by the parties through consultation; If consultation fails, the people's court shall decide.
Article 34 Where the plaintiff or appellant in a civil case applies for withdrawal of the case and the people's court rules that permission is granted, the costs of handling the case shall be borne by the plaintiff or the appellant.
If the defendant in an administrative case changes or cancels a specific administrative act and the plaintiff applies for withdrawal of the case, and the people's court rules that permission is granted, the fee for handling the case shall be borne by the defendant.
Article 35 Where a party proposes to reduce the amount of the claim after the end of the court investigation, the costs of accepting the case for reducing the amount of the claim shall be borne by the party who changes the claim.
Article 36 If the debtor does not object to the procedure of urging and urging, the application fee shall be borne by the debtor. If the debtor objects to the supervision procedure and causes the termination of the supervision procedure, the application fee shall be borne by the applicant; Where the applicant files a separate suit, the application fee may be included in the claim.
Article 37 The application fee for publicity reminder shall be borne by the applicant.
Article 38 The application fees stipulated in Article 10(1) and(8) of these Measures shall be borne by the person subjected to execution.
If the parties reach a settlement agreement during implementation, the burden of the application fee shall be settled by the parties through consultation; If consultation fails, the people's court shall decide.
The application fee specified in Article 10(2) of these Measures shall be borne by the applicant. If the applicant files a lawsuit, the application fee may be included in the claim.
The people's court shall, in accordance with the provisions of Article 29 of these Measures, decide on the burden of the application fee specified in Article 10(5) of these Measures.
Article 39 Related litigation expenses in maritime cases.
Article 39 The relevant litigation expenses in maritime cases shall be borne in accordance with the following provisions:
(1) where an application for preservation of a maritime claim or a maritime injunction is made before the action is brought, the application fee shall be borne by the applicant; Where the applicant files a lawsuit against a maritime claim, the above fees may be included in the claim;
(2) where an application for preservation of maritime evidence is made before the action is brought, the application fee shall be borne by the applicant;
(3) reasonable expenses incurred in the course of auction or sale of the arrested ship, cargo, fuel oil and materials used for the ship during the proceedings shall be paid in advance by the applicant, deducted from the auction price or sale price, and returned to the applicant;
(4) the fees for applications for the establishment of a limitation fund for maritime claims liability, for the registration and payment of claims, and for applications for the application of maritime liens to call cases shall be borne by the applicant;
(5) to set up a limitation fund for maritime claims liability, and that the costs of the announcement in the procedures for the notice of maritime liens shall be borne by the applicant.
Article 40 Where a party fails to provide evidence within the time limit for the purposes of proof for its own reasons and submits new evidence during the second trial or retrial, resulting in increased litigation costs, the increased litigation costs shall be borne by that party.
Article 41 The public announcement fee for hearing a case under special procedures shall be borne by the prosecutor or the applicant.
Article 42 Where an application for bankruptcy is filed with a people's court according to law, the litigation expenses shall be allocated from the bankruptcy property in accordance with the provisions of relevant laws.
Article 43 The parties may not appeal individually against the decision of the people's court on litigation expenses.
If a party individually objects to the decision of the people's court on litigation expenses, he may apply to the president of the people's court that made the decision for review. The decision on review shall be made within 15 days from the date of receipt of the application.
If the parties have objections to the calculation of the litigation expenses decided by the people's court, they may apply to the people's court that made the decision for review. If there is a definite error in the calculation, the people's court that made the decision shall correct it.
Chapter VI Access to Justice
Article 44 Where a party has real difficulties in paying litigation expenses, he may, in accordance with these Measures, apply to the people's court for judicial relief for deferred, reduced or exempted litigation expenses.
Exemption from legal fees applies only to natural persons.
Article 45 Where a party applies for judicial relief under any of the following circumstances, the people's court shall grant a waiver of litigation expenses:
(1) the disabled person has no fixed source of livelihood;
(2) recovery of alimony, maintenance, maintenance or pension;
(3) having no other income from the objects of the minimum subsistence guarantee, the objects of regular relief in rural areas suffering from special hardship, the objects of the rural five guarantees or the persons receiving unemployment insurance benefits;
(4) He or his near relative requests compensation or compensation for damage to his or her lawful rights and interests as a result of voluntary action or in order to protect public interests;
(5) other circumstances where exemption is indeed necessary.
Article 46 Where a party applies for judicial relief under any of the following circumstances, the people's court shall allow the payment of reduced litigation expenses:
(1) being in the process of receiving social relief due to the difficulties caused by force majeure, such as natural disasters, or being unable to sustain household production and business operations;
(2) belonging to the object of special care or placement as prescribed by the State;
(III) Social welfare institutions and relief management stations;
(4) other circumstances where the reduction is indeed necessary.
Where the people's court grants a reduction in litigation expenses, the proportion of the reduction shall not be less than 30 %.
Article 47 If the parties concerned apply for judicial relief under any of the following circumstances, the people's court shall allow the parties to defer payment of litigation expenses:
(1) recovery of social insurance benefits or financial compensation;
(2) claims compensation by victims of maritime accidents, traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents;
(3) accepting legal aid from the relevant department;
(IV) Other circumstances where there is a genuine need for deferred payment.
Article 48 A party applying for judicial relief shall, at the time of the prosecution or appeal, submit a written application sufficient to prove that he has financial difficulties and other relevant documents.
Where a person applies for exemption from payment or reduction of litigation expenses due to difficulties in living or recovery of basic living expenses, he or she shall also provide proof that the economic conditions of the person and his or her family meet the standards for citizens 'economic difficulties stipulated by the local civil affairs and labor security departments.
If the people's court refuses to grant the party's application for judicial relief, it shall state the reasons in writing to the party concerned.
Article 49 Where the parties concerned apply for deferred litigation expenses after examination in accordance with the provisions of Article 47 of these Measures, the people's court shall make a decision granting deferred payment before deciding to file a case.
Article 50 If a people's court provides judicial relief to one of the parties, and the other party loses the case, the litigation costs shall be borne by the other party. If the other party wins the case, it may, depending on the financial situation of the party applying for judicial assistance, decide to reduce or waive the costs of the lawsuit.
Article 51 Where a people's court authorizes a party to make a reduction or exemption from payment of litigation expenses, such payment shall be clearly stated in the legal documents.
Chapter VII Management and Supervision
Article 52 The payment and collection system of litigation fees shall be publicized. The people's court collects litigation fees and uses the financial bills printed by the financial Department of the State Council or the financial Department of the provincial people's government in accordance with its financial affiliation. Case handling fees and application fees are paid in full to the government, incorporated into the budget, and managed by two lines of revenue and expenditure.
The people's court shall issue payment certificates to the parties to collect litigation expenses, and the parties shall pay the fees to the designated agency bank. Where fees should be refunded to the parties according to law, the people's court shall handle them in accordance with the relevant provisions of the State. Specific measures for the collection and refund of litigation expenses shall be formulated separately by the financial Department of the State Council in consultation with the Supreme People's Court.
In remote areas, areas where water and transportation are inconvenient, the grassroots circuit court hears cases on the spot, and if the party concerned has real difficulties in paying litigation fees to the designated agency bank, the grassroots circuit court may collect litigation fees on the spot. And issue to the parties the financial bills printed by the financial Department of the people's government at the provincial level; If the financial instrument printed by the financial Department of the people's government at the provincial level is not produced, the parties concerned shall have the right to refuse to pay.
Article 53 After the conclusion of a case, the people's court shall notify the parties in writing of the detailed list of litigation expenses and the amount to be borne by the parties, and at the same time state in the judgment, written order or conciliation statement the amount to be borne by the parties.
If it is necessary to refund the litigation expenses to the parties, the people's court shall return the legal documents to the parties concerned within 15 days from the effective date.
Article 54 The department in charge of prices and the financial department shall, in accordance with the division of duties for fee management, manage and supervise the litigation costs; Undue collection of fees in violation of the provisions of these Measures shall be investigated and dealt with in accordance with laws, regulations and relevant provisions of the State Council.
Chapter VIII Supplementary Provisions
Article 55 The unit of calculation for litigation expenses shall be Renminbi. Where foreign currency is used as the unit of calculation, the payment shall be calculated in Renminbi in accordance with the exchange rate announced by the State on the date on which the people's court decides to accept the case; The costs of litigation in an appeal case and an application for retrial case shall be converted at the exchange rate announced by the State on the date on which the people's court of first instance decides to accept the case.
Article 56 These Measures shall be effective as of April 1, 2007