No. 481

 

 

 

The "administrative measures" have been adopted by the State Council at its 159th meeting on December 1, 2006 and have been implemented since April 1, 2007.

 

 

 

Premier Wen Jiabao

 

December 19, 2006

 

 

 

 

 

Payment of litigation costs

 

 

 

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 when conducting civil or administrative litigation, the parties shall pay litigation costs in accordance with these measures.

 

Except for those who may not pay or are exempted from paying litigation fees as stipulated in these measures.

 

Article 3 in the course of litigation, fees shall not be charged from the parties in violation of the scope and standards prescribed in these measures.

 

Article 4 the State shall provide judicial assistance to the parties who have real difficulties in paying the litigation costs, so as to ensure that they can exercise their litigation rights according to law and safeguard their legitimate rights and interests.

 

Article 5 these Measures shall apply to foreigners, stateless persons, foreign enterprises or organizations in the people's court.

 

If 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 costs, they shall be dealt with according to the principle of reciprocity.

 

 

 

Chapter II Scope of payment of litigation costs

 

 

 

Article 6 the litigation expenses that the parties shall pay to the people's court include:

 

（1） Case acceptance fee;

 

（2） Application fee;

 

（3） Transportation expenses, accommodation expenses, living expenses and compensation for work lost incurred by witnesses, appraisers, translators and adjustment personnel appearing in court on the date designated by the people's court.

 

Article 7 the fees for accepting cases include:

 

（1） Fees for accepting the first case;

 

（2） The second case acceptance fee;

 

（3） In the retrial of a case, the fee for accepting the case shall be paid in accordance with the provisions of these measures.

 

Article 8 no case acceptance fee shall be paid for the following cases:

 

（1） Cases to be tried in accordance with the special procedures stipulated in the civil procedure law;

 

（2） A ruling shall be made on the cases of not accepting, rejecting the prosecution or rejecting the appeal;

 

（3） Appeals are filed against the decision of not accepting, rejecting the prosecution and objection to the jurisdiction;

 

（4） Administrative compensation cases.

 

Article 9 If a case is tried in accordance with the procedure of trial supervision stipulated in the civil procedure law and the administrative procedure law, the parties concerned shall not pay the case acceptance fee. However, the following exceptions shall apply:

 

（1） A case in which the party concerned has new evidence sufficient to overturn the original judgment or ruling and applies to the people's court for retrial, and the people's court decides to retrial the case after examination;

 

（2） A case in which the party concerned has not appealed against the first instance judgment or order of the people's court, and then applies for a retrial after the judgment, ruling or mediation statement of first instance becomes legally effective, and the people's court decides to retrial the case after examination.

 

Article 10 when applying to the people's court for the following matters according to law, the party concerned shall pay an application fee:

 

（1） Apply for enforcement of legally effective judgments, rulings and mediation documents issued by the people's court, awards and mediation documents made by arbitration institutions according to law, and creditor's rights documents with compulsory enforcement effect granted by notarial institutions according to law;

 

（2） Application for preservation measures;

 

（3） Application for payment order;

 

（4） To apply for public notice for exhortation;

 

（5） To apply for cancellation of the arbitration award or to determine the validity of the arbitration agreement;

 

（6） Apply for bankruptcy;

 

（7） Application for maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims liability, registration of maritime claims, and notification of maritime liens;

 

（8） Apply for recognition and enforcement of judgments and rulings of foreign courts and awards of foreign arbitration institutions.

 

Article 11 the transportation expenses, accommodation expenses, living expenses and compensation for loss of work incurred by witnesses, expert witnesses, translators and adjustment personnel appearing in court on the date designated by the people's court shall be collected by the people's Court on behalf of the people's court in accordance with the standards prescribed by the state.

 

The party concerned shall pay the cost of production to the people's court at the actual cost of copying the case files and legal documents.

 

Article 12 the people's court shall, in accordance with the principle of who claims and who shall bear the expenses incurred in the course of litigation due to appraisal, announcement, inspection, translation, evaluation, auction, sale off, storage, storage, transportation, ship supervision, etc., shall be paid directly by the parties to the relevant institutions or units according to the principle of who claims and who shall bear the expenses.

 

No fee shall be charged if the people's court provides translation in the common language or written language of the local nationality in accordance with the provisions of the third paragraph of Article 11 of the civil procedure law.

 

 

 

Chapter III payment standards of litigation costs

 

 

 

Article 13 the fees for accepting cases shall be paid according to the following standards:

 

（1） Property cases shall be paid in installments according to the amount or value of the claims in accordance with the following proportions:

 

1. If it does not exceed 10000 yuan, 50 yuan shall be paid for each piece;

 

2. The part exceeding 10000 yuan to 100000 yuan shall be paid according to 2.5%;

 

3. The part exceeding RMB 100000 to RMB 200000 shall be paid according to 2%;

 

4. 1.5% for the part exceeding RMB 200000 to RMB 500000;

 

5. The part exceeding RMB 500000 to RMB 1000000 shall be paid as 1%;

 

RMB 60000 to RMB 1000000;