Measures for the Payment of Litigation Fees
Measures for the Payment of Litigation Fees
Measures for the Payment of Litigation Fees
Order of the State Council No. 481
December 19, 2006
The Measures for the Payment of Litigation Fees were ratified at the 159th executive meeting of the State Council on December 8, 2006, and are hereby promulgated and shall take effect as of April 1, 2007.
Premier Wen Jiabao
Measures for the Payment of Litigation Fees
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 "Administrative Procedure Law").
Article 2 Any party who institutes a civil action or an administrative proceeding shall pay litigation fees in accordance with these Measures.
Litigation fees which need not be paid or are exempted under these Measures shall be an exception.
Article 3 No fee may be charged from any party during the proceeding beyond the scope and standards as prescribed in these Measures.
Article 4 The state provides judicial aid to the parties who truly have difficulties in paying litigation fees to guarantee that they exercise their litigation rights in accordance with the law and maintain their lawful rights and interests.
Article 5 Foreigners, stateless persons, foreign enterprises or organizations who institute proceedings in the people's courts shall be governed by these Measures.
Where a foreign court offers discriminatory treatments to citizens, legal persons or other organizations of the People's Republic of China comparing with those of its country in respect of payment of the litigation fees, the principle of reciprocity shall apply accordingly.
Chapter II Scope of Payment of Litigation Fees
Article 6 Litigation fees that shall be paid by a party to the people's court include:
1. Case acceptance fee;
2. Application fee; and
3. The travel expenses, accommodation expenses, living expenses, and subsidy for missed work which are incurred by the witnesses, authenticators, interpreters and adjusters for appearing before the people' s court on the date designated by the court.
Article 7 Case acceptance fees shall include:
1. Case acceptance fees of the first instance;
2. Case acceptance fees of the second instance; and
3. In the event of retrial case, the case acceptance fees payable as required by these Measures.
Article 8 No case acceptance fee is required to be paid for the following cases:
1. The cases heard in accordance with the special procedures prescribed in the Civil Procedure Law;
2. The cases of which a ruling is rendered to refuse to accept an action or to reject an action or appeal;
3. The cases in which a party files an appeal on the ground of dissatisfaction with the ruling on refusing to accept an action, or rejecting an action, or objection to the jurisdiction; and
4. Administrative compensation cases.
Article 9 For the case heard pursuant to the trial supervision procedures as prescribed in the Civil Procedure Law and the Administrative Procedure Law, the party is not required to pay the case acceptance fee, except for the following circumstances:
1. The party has any new evidence which is sufficient to reverse the original decision or ruling, and applies to the people's court for retrial, and the people's court decides, after examination, to hold a retrial of the case;
2. The party does not file an appeal for the decision or ruling of the first instance rendered by the people's court, but applies for retrial after the decision or ruling of the first instance or the letter of mediation has become legally effective, and the people's court decides, after examination, to hold a retrial of the case.
Article 10 The party filing an application with the people's court pursuant to the law for the following matters shall pay an application fee:
1. Applying for the enforcement of a legally effective decision, ruling or letter of mediation made by the people's court, the award or letter of mediation made by the arbitration institution pursuant to the law, or the creditor's right document with the enforceability illegally granted by a public notarial organ;
2. Applying for preservation measures;
3. Applying for a payment order;
4. Applying for a public notice of claim;
5. Applying for revocation of an arbitral award or for affirmation of the effectiveness of an arbitration agreement;
6. Applying for bankruptcy;
7. Applying for maritime injunction, general average adjustment, establishment of a fund for limitation of liability for maritime claims, maritime credit registration, or notice of claim of maritime lien; and
8. Applying for acknowledgement and enforcement of the decision or ruling of a foreign court or the award of a foreign arbitration institution.
Article 11 The travel expenses, accommodation expenses, or living expenses incurred by the witnesses, authenticators, interpreters and adjusters for appearing before the court on the date designated by the people's court and the subsidy for missed work shall be charged by the people's court on their behalf at the rate as prescribed by the state.
The party who makes a copy of the archival materials and legal documents of the case shall pay the actual cost to the people's court.
Article 12 For the expenses arising from the authentication, announcement, survey, interpretation, evaluation, auction, sell-off, warehousing, custody, transportation, ship supervision, etc. carried out during the proceeding and to be borne by the party pursuant to the law, the people's court shall, pursuant to the principle that he who makes claims shall bear the expenses, decide that such expenses shall be paid by the party directly to the institutions or organizations involved, and shall not charge or pay such expenses on behalf of the party.
Where the people's court provides translation for the spoken or written language commonly used by the local minority in accordance with Paragraph 3 of Article 11 of the Civil Procedure Law, no fee may be charged.
Chapter III Standards for the Payment of Litigation Fees
Article 13 The case acceptance fees shall be paid pursuant to the following standards respectively:
1.
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