Who will bear the prosecution fee and lawyer's fee for the lawsuit?

First of all, litigation costs, including case acceptance fees, various application fees, and transportation, accommodation, living expenses and lost time subsidies for witnesses, appraisers, translators and adjusters to appear in court on the date designated by the people's court. It is a common rule and common sense that the litigation costs should be borne by the losing party in principle. Due to the different nature of the case, the outcome of the lawsuit may be divided into winning and losing, and there may be some exceptions to the principle that the losing party bears the legal fees. For example, divorce cases, whether divorced or not, are not divided into victory and defeat. Therefore, the Measures for Payment of Litigation Costs stipulates that the burden of litigation costs in divorce cases shall be settled by both parties through consultation. If negotiation fails, the court will decide. Another example is the commitment to implement the application fee. The person subjected to execution did not lose the application fee, but failed to fulfill the obligations determined by the judgment due to his own fault.

Let's talk about lawyer's fees. Generally speaking, because lawyers are entrusted by one party to provide legal services, the lawyer's fees are borne by the hired party. However, in some cases, even if the winning party still has to bear the lawyer's fees, the losing party may abuse the right of action to delay the lawsuit, and reasonable people may be forced to accept the unreasonable demands of the other party because of high legal fees and lawyers' fees and long delays. According to the current judicial interpretation in China, the losing party should bear reasonable legal fees in the following cases: (1) personal injury compensation, reputation infringement, traffic accident cases; (2) Legal aid cases; (3) Cases of copyright infringement; (4) Trademark infringement cases; (5) Patent infringement cases; (6) Cases against unfair competition; (7) Cases in which the creditor exercises the right of cancellation in contract disputes; (8) Litigation cases of security rights; (9) Arbitration cases. The lawyer's fee of the winning party shall be borne by the losing party. In principle, just as the legal costs are borne by the losing party, it is an overdue punishment for the wrong party and a due guarantee for innocent victims.