Who will generally bear the legal expenses?

The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. The burden of litigation costs in mediation and divorce cases shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment. If the plaintiff or appellant applies for withdrawing the lawsuit and the people's court allows it, the fees for accepting the case shall be borne by the plaintiff or appellant.

I. Details of attorney fees:

1. After the people's court accepts a civil lawsuit, the plaintiff who initiated the lawsuit will generally pay the case acceptance fee in advance, and the plaintiff will pay it in advance within 7 days from the day after receiving the notice of the people's court to pay the legal fee in advance. If the defendant files a counterclaim, he shall pay the counterclaim fee in advance when submitting the counterclaim to the people's court. If both parties appeal, the parties to the appeal shall pay in advance respectively.

2. If it is really difficult for the parties to pay the case acceptance fee in advance, they may apply to the people's court for deferral during the prepayment period. If the party concerned fails to pay the acceptance fee and appeal fee in advance and fails to apply for an extension, it shall be handled as automatic withdrawal.

3. Who will bear the specific litigation costs? After the trial of the case is over, it will be decided according to the trial situation.

(1) In general, the legal fees shall be borne by the losing party;

(2) When the plaintiff and the defendant each win or lose, the people's court decides that the legal fees shall be shared by both parties, in principle, in proportion to the winning or losing;

(3) when the losing party is a lawsuit of several people, the court can determine how much each party should bear according to their number and their respective interests with the object of the lawsuit, and the expenses arising from the litigation designed for their own interests should be borne by the parties;

(4) If the lawsuit is withdrawn, the litigation fee shall be borne by the plaintiff and charged by half;

(5) If an agreement is reached through mediation by the people's court, the legal fees shall be borne by both parties through consultation; If negotiation fails, the people's court shall make a judgment;

(6) The burden of all litigation costs in the first and second trials shall be settled through mediation in the second trial, and shall be borne by both parties through consultation; If negotiation fails, it shall be decided by the court of second instance;

(7) The burden of legal fees in divorce cases cannot be determined simply by winning or losing the case, but by the people's court according to the specific circumstances of the case and the parties;

(8) If the plaintiff wins the case, the court shall instruct the defendant to pay the case acceptance fee in advance;

(9) If the party concerned is a citizen and it is really difficult to pay the litigation fees, he may apply for deferment, reduction or exemption, which shall be examined and decided by the people's court.

Second, the types of evidence in civil proceedings

1. Written evidence. Documentary evidence is to express people's thoughts about an object with words, symbols and pictures, and its content can prove some or all of the facts to be proved.

2. Physical evidence. Where it is necessary to prove part or all of the facts through the appearance, characteristics and quality of the goods, it is called material evidence.

3. Audio-visual materials. Any evidence that proves the facts to be proved by using the images and sounds reflected by video tapes or audio tapes, or by using the data stored in computers, is called audio-visual materials.

4. Eyewitness testimony. If a person other than a participant in the proceedings knows the circumstances of the case, he shall be summoned by the people's court, make a statement in court or submit a written statement to the people's court, which is called witness testimony.

5. Statement of the parties. A statement about the facts of a case made by a party to a people's court in a lawsuit is called a party statement.

6. Appraisal conclusion. When trying a civil case, the people's court appoints a person with professional knowledge to appraise some specialized issues, make a scientific analysis and put forward conclusive opinions, which is called appraisal conclusion.

7. interrogation record. In order to find out the facts of the case, the judges of the people's court personally inspect, photograph and measure the scene or articles related to the dispute, and make a record of the inspection and the results, which is called the inspection record.

8. Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.

Legal basis:

Measures for payment of litigation expenses

Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.

Article 31 In a case reached through mediation by a people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.

Article 33 The burden of litigation costs in divorce cases shall be settled by both parties through consultation. If negotiation fails, the people's court shall make a judgment.

Article 34 If the defendant changes or revokes a specific administrative act in an administrative case, and the plaintiff applies to withdraw the lawsuit, and the people's court decides to allow it, the defendant shall bear the case acceptance fee.