New measures to cut court fees will take effect in China from
April 1, 2006, the State Council has announced.
The new measures will exempt disabled people without regular
incomes, urban residents on the minimum living standard and
extremely poor rural people from court costs.
Lawsuits to recover money for supporting aged parents, raising
children or compensating the deceased will also be exempted from
charges.
Those who suffer injuries or other losses for protecting the
public interest will also be remitted court costs if they or their
relatives file for compensation.
The courts should reduce charges for people with financial
difficulties caused by natural disasters and other unavoidable
factors and those receiving aid from social welfare and charity
groups.
The measures stipulate that the costs shall be cut by no more
than 30 percent of the total expenses.
Victims of sea disasters, traffic accidents, medical
malpractice, industrial accidents and problems caused by
substandard products are allowed to defer payment of court
costs.
Currently, courts charge additional fees in divorce cases with
disputes over assets exceeding 10,000 yuan (US$1,250). The new
measures will raise the threshold to 200,000 yuan (US$25,000), with
a charge at 0.5 percent of the asset value beyond the
threshold.
People who apply to abandon a lawsuit or mediation will be
charged half of the expenses, and each labor dispute lawsuit will
cost 10 yuan (US$1.25).
The party losing a lawsuit will be ordered to pay all the court
costs, except when the winning party is willing to share the
costs.
The measures, which aim to make legal action more accessible for
those with little money, would greatly reduce court fees,
especially at grassroots levels, said an official with the Supreme
People's Court.
The measures also require courts to publish their fee collection
and turn over the money to financial departments.
The measures will also apply to foreign individuals, companies
and organizations filing lawsuits in China.
(Xinhua News Agency January 1, 2007)
