Ming koe-hyun said: “the door is open south, and there is no point in coming in”. In old societies, rich people have money to lose money, poor people have reason to lose money to the board, so people have a “torture” mentality, that is, fear of litigation. Although modern society has moved away from the practice of feudal class inequality, the rule of law is becoming clearer and justice is becoming more equitable, but in order to guarantee the prevention of abusive litigation and the proper use of judicial resources, the litigants still need to pay for the proceedings。
It is a general international norm to impose a fee on a suit at law, and the question is how much is justified, and the excessive cost of a suit may prevent a civilian who cannot afford the cost of a suit from reaching the court. Our contribution to national litigation costs is based on the fee for proceedings scheme, which was introduced on 1 april 2007, and whose greatest highlight is the overall reduction in the cost of litigation. This paper will provide a brief analysis of the costs of civil litigation in order to provide a clear picture of the costs of litigation:
Coverage of costs of litigation
The costs of the proceedings are those paid to the court. Specifically, the costs of the proceedings are those paid to the people's court by the parties when they bring civil, administrative and other proceedings before the people's court in accordance with the provisions of the law, including the costs of processing the case, filing fees and other expenses. The court's fees include the following: case handling fee; application fee; transportation, accommodation, maintenance and accident allowance for witnesses, experts, translators, adjusters who appear on behalf of the court on the date specified by the people's court。
(a) fees for the processing of cases: first, second and partial retrials (no further hearing is required, except in cases where the people's court has decided to reopen the case because the person concerned has submitted new evidence sufficient to reverse the original judgement; the effective judgement is the first instance judgement, the person has applied for a retrial without appeal, except in cases where the people's court has decided to reopen)
Application fee: application for enforcement; application for preservation of property; application for payment order; application for notice of publicity; application for setting aside an arbitral award or finding the arbitration agreement effective; application for insolvency; application for a maritime injunction, adjustment of general average, establishment of a maritime liability limitation fund, registry of maritime claims, ship priority reminder; application for recognition and enforcement of foreign court decisions, decisions and foreign arbitral awards。
Cost of litigation criteria
Case processing fees
(i) property cases
If the sum is not more than $10,000, the sum is $50 each; the sum of more than $10,000 to $100,000 is paid in 2. 5 per cent; the sum of more than $100,000 to $200,000 is paid in 2 per cent; the sum of more than $200,000 to $500,000 is paid in 1. 5 per cent; the sum of more than $500,000 to $1 million is paid in 1 per cent; the sum of more than $1 million to $2 million is paid in 0. 9 per cent; the sum of more than $2 million to $5 million is paid in 0. 8 per cent; the sum of more than $5 million to $10 million is paid in 0. 7 per cent; the sum of more than $10 million to $20 million is paid in 0. 6 per cent; and the sum of more than $20 million is paid in 0. 5 per cent。
(ii) non-property cases
1. Divorce cases
Between $50 and $300 each. In the case of the division of property, the total amount of property does not exceed 200,000 yuan, which is not paid separately; in the case of more than 200,000 yuan, it is paid at 0. 5 per cent。
2. Between 100 and 500 yuan each for violations of the right to a name, the right to a name, the right to portrait, the right to honour, the right to honour and other personal rights. In the case of damages, the amount does not exceed $50,000; in the case of damages between $50,000 and $100,000, the amount is paid at 1 per cent; and in the case of damages over $100,000, the amount is paid at 0. 5 per cent。
Other non-property cases are paid between $50 and $100 each。
(iii) civil cases of intellectual property
If there is no disputed amount or price, between $500 and $1,000 each; if there is disputed amount or price, it is paid in accordance with the criteria for property cases。
(iv) ten dollars per case for labour disputes。
(v) administrative cases are submitted in accordance with the following criteria:
One hundred dollars each for trademarks, patents and maritime administrative cases
2. The payment of $50 each for other administrative cases。
(vi) jurisdictional challenges
The objection is invalid, with a contribution of $50 to $100 each。
The people's governments of the provinces, autonomous regions and municipalities directly under the central government may, taking into account the local situation, establish specific criteria for contributions within the range specified in subparagraphs (ii), (iii) and (vi) of this article。
Application fees
(i) implementation
1. If there is no execution amount or price, between $50 and $500 each。
2. If the amount of the execution or price does not exceed £10,000, the sum is £50 each; the sum of more than £10,000 to £500,000 is £1. 5 per cent; the sum of more than £500,000 to £5 million is £1 per cent; the sum of more than £5 million to £10 million is €0. 5 per cent; and the sum of more than £10 million is €0. 1 per cent。
3. In accordance with article 55, paragraph 4, of the code of civil procedure, persons who have not participated in the proceedings before the people's courts pay an application fee in accordance with the criteria set forth in this article and no further fees are paid for the consideration of cases。
(ii) preservation costs
The amount of the property does not exceed $1,000 or does not cover the amount of the property, and the amount of the property is 30 yuan each; the amount in excess of $100 to $100,000 is paid at 1 per cent; and the amount in excess of $100,000 is paid at 0. 5 per cent。
However, the parties apply for a measure of protection at a maximum cost of $5,000。
(iii) payment orders
One third of the fee rate for property cases。
(iv) public reminders
One hundred dollars each。
(v) application for setting aside the arbitral award or finding the arbitration agreement effective
Four hundred dollars each。
(vi) insolvency cases
Calculated on the basis of the total amount of the estate, the contribution is reduced by half according to the rate of the property case fee, but not exceeding $300,000。
(vii) maritime cases
1. An application for the establishment of a maritime liability limitation fund, with a contribution of 1,000 to 10,000 yuan each
2. If a maritime injunction is applied for, between $1,000 and $5,000 each
(c) between $1,000 and $5,000 per package for the application for a ship priority reminder
To apply for registration of maritime claims, $1,000 each; to apply for a general average adjustment, $1,000 each。
Other
1. If the case is closed by conciliation or if the person requests the withdrawal of the complaint, the fee shall be reduced by half。
2. Half of the cases subject to summary proceedings shall be subject to the payment of fees。
3. If an appeal is filed in a property case, it is paid in accordance with the amount of the appeal request against the first instance judgement。
4. If the defendant has filed a counterclaim and a third person with an independent right of petition has filed a claim in relation to the case, the people's court decides to join the case, reducing the fee by half。
5. Re-trial cases requiring the payment of fees for the consideration of cases, in accordance with the requirements, and in accordance with the amount of the request for reconsideration of the original judgement。
Where there are difficulties in paying the costs of the proceedings, the people's court may be granted a stay, reduction or exemption from the costs of the proceedings in accordance with the scheme。
