Tool Introduction
The "Litigation Fee Calculator" is a free online tool designed to help users quickly and accurately calculate various fees that may arise from litigation in mainland China. This tool strictly adheres to China's "Measures for the Payment of Litigation Fees" and relevant laws and regulations, supporting the calculation of litigation fees for various common case types, including property cases, non-property cases, divorce cases, labor dispute cases, intellectual property cases, etc., including case acceptance fees, application fees, etc. It allows you to have a clear understanding of the costs before initiating litigation, effectively managing litigation costs.
Legal Basis for Litigation Fee Calculation
The calculation basis of this tool primarily relies on the "Measures for the Payment of Litigation Fees" (State Council Order No. 481) promulgated by the State Council and its revised editions. This measure details the payment standards and calculation methods for various fees such as case acceptance fees, application fees, and other litigation fees. In addition, for specific types of cases (such as labor disputes, intellectual property, etc.), relevant judicial interpretations and local regulations from the Supreme People's Court will be referenced for supplementary calculations, ensuring the accuracy and compliance of the calculation results, and providing users with reliable litigation fee estimates.
How to Use
- Select Case Type: According to the nature of the litigation you are involved in (e.g., property case, non-property case, divorce case, etc.), select the corresponding case type on the tool interface. This is the first step of the calculation.
- Enter Relevant Information: Based on the selected case type, enter the necessary parameters. For example, for property cases, you need to enter the "amount of litigation claim"; for divorce cases, you may need to select "whether property division is involved"; for other cases, you may need to enter "litigation claim items" or "subject matter amount" and other detailed information. Please ensure the accuracy of the input data.
- Click Calculate: After confirming that the input information is correct, click the "Calculate" button. The tool will immediately calculate the corresponding litigation fees based on the selected type and input data, in accordance with laws and regulations.
- View Results: The calculation results will clearly display the case acceptance fee, application fee (if any), and total fees, helping you quickly understand the composition of litigation costs for subsequent decision-making.
Usage Example
Below is an example of litigation fee calculation for a property case to help you intuitively understand how to use the tool:
- Example Input Data:
- Case Type: Property Case
- Litigation Claim Amount: RMB 150,000 Yuan
- Whether Counterclaim is Involved: No
- Expected Output Result:
According to the "Measures for the Payment of Litigation Fees," the calculation of litigation fees for property cases usually adopts a progressive method.
For a litigation claim amount of 150,000 yuan, the calculation process is as follows:
- First Item Payment: 50 yuan (for amounts not exceeding 10,000 yuan)
- Portion from 10,000 to 100,000 yuan: (100,000 - 10,000) yuan × 2.5% = 90,000 yuan × 2.5% = 2,250 yuan
- Portion from 100,000 to 150,000 yuan: (150,000 - 100,000) yuan × 2% = 50,000 yuan × 2% = 1,000 yuan
- Total Case Acceptance Fee: 50 + 2,250 + 1,000 = 3,300 yuan
Therefore, the expected case acceptance fee is:
- Case Acceptance Fee: 3,300 yuan
- Total Fees: 3,300 yuan
- Specific Operation Demonstration:
On the tool interface, select "Property Case," then enter "150000" in the "Litigation Claim Amount" input box, ensure "Whether Counterclaim is Involved" is unchecked, and then click the "Calculate" button to immediately see the precise calculation results above.
Frequently Asked Questions
- Q: What is the basis for the calculations of this tool? A: This tool strictly calculates based on the "Measures for the Payment of Litigation Fees" promulgated by the State Council of the People's Republic of China and the latest relevant judicial interpretations issued by the Supreme People's Court, ensuring the authority and timeliness of the legal basis.
- Q: What case types does this tool support? A: Currently, this tool supports the calculation of fees for various common litigation types such as property cases, non-property cases, divorce cases, labor dispute cases, intellectual property cases, administrative cases, covering most civil and administrative litigation needs.
- Q: How accurate are the calculation results? Do they include other fees such as lawyer fees? A: The calculation results are strictly in accordance with current laws and regulations and have high accuracy, but they are for reference only. The final amount is subject to the payment notice issued by the court or the final judgment. This tool primarily calculates the case acceptance fees and application fees charged by the court and does not include other fees that may arise during litigation, such as lawyer agency fees, preservation fees, appraisal fees, announcement fees, etc.
- Q: If a case involves a counterclaim, how is it calculated? A: This tool usually provides an option for "whether a counterclaim is involved." If a counterclaim is involved, please check it and enter the counterclaim amount. The system will calculate the case acceptance fee for the counterclaim portion separately based on the nature and amount of the counterclaim, and it will usually be displayed combined with the original claim fees.
Notes
- Accuracy of Input Data: Please ensure the accuracy of the case type, litigation claim amount, or relevant factual information you enter. Any input error may lead to deviations in the calculation results, affecting your correct estimation of litigation costs.
- Results for Reference Only: The litigation fee calculation results provided by this tool are estimated values, intended to provide users with initial reference. The final amount of litigation fees will be subject to the official notice, payment slip, or the amount specified in the final judgment of the People's Court.
- Scope of Legal Application: This litigation fee calculator is designed based on current laws and regulations and judicial practices in mainland China. Its calculation results are not applicable to the legal systems and litigation fee standards of Hong Kong, Macau, Taiwan, or other countries.
- Other Possible Fees: Please note that this tool primarily calculates case acceptance fees and specific application fees, and does not include other auxiliary fees that may arise during litigation, such as lawyer agency fees, property preservation fees, appraisal fees, inspection fees, announcement fees, witness appearance fees, etc. Please fully consider all potential legal expenses before initiating litigation.
