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Article 1. The present Measures are formulated in accordance with the "Functions of the Internal Offices of the Organs under and the Newly Established Public Institutions under the Supreme People's Court", the "Provisions of the Supreme People's Court on the Administration of the Power to Try Cases" and the "Measures for the People's Courts to Charge Fees in Litigation" and the supplementary provisions thereof in order to regulate the charging and payment of the litigation fees for all kinds of cases in this Court and the handling of postponement, reduction or exemption of such fees. Article 2. The responsibility to handle the charging and payment of litigation fees for various cases of this Court and the applications for postponement, reduction or exemption of such fees shall remain uniformly with the Case-Acceptance Division. Article 3. If, for an appealing case submitted by a court of the first instance, the party concerned has paid the litigation fee, the Case-Acceptance Division shall file this case, and transfer the files of this case to the relevant trial tribunal. Where the files of a case submitted by a court of the first instance contain neither a receipt on payment of the litigation fee, nor the appellant's application for postponement, reduction or exemption of the litigation fee, the Case-Acceptance Division shall send the appellant a notice on advance payment of the litigation fee; after the litigation fee has been fully paid, the Case-Acceptance Division shall accept the case, and transfer the files of the case to the relevant trial tribunal. Article 4. Where, within 7 days as of the second day after receiving the notice of this Court on the advance payment of litigation fee, the appellant does neither pay the litigation fee, nor file an application for postponement, reduction or exemption of the litigation fee, and has no justifiable reasons, the Case-Acceptance Division shall deal with it as the appeal is withdrawn. Article 5. Where the appellant files an application for postponing the payment of litigation fees, and the Case-Acceptance Division decides to postpone the payment through examination of the application, it shall notify the appellant. The period for postponement shall not exceed one month. Where the appellant pays the litigation fees within the approved period for postponement, the Case-Acceptance Division shall file the case, and transfer the files of the case to the relevant trial tribunal. If the appellant fails to make the payment within the period, the Case-Acceptance Division shall deal with it as the appeal is withdrawn. Where the Case-Acceptance Division considers, after examination of the application, that the reason for postponing the payment of the litigation fees may not be tenable, it shall make a decision on rejecting the application for postponement, and send a notice to the appellant on advance payment of the litigation fee. If the appellant fails to make the payment within the period, the Case-Acceptance Division shall deal with it as the appeal is withdrawn. Article 6. Where the Case-Acceptance Division decides to reduce or exempt the litigation fee after examination of the application filed by the appellant for reduction or exemption of litigation fees, it shall notify the appellant. The appellant shall pay the litigation fees within the prescribed time limit at the approved reduced amount, or if the exemption of the litigation fee has been approved, the Case-Acceptance Division shall accept the case, and transfer the files of the case to the relevant trial tribunal. Where the Case-Acceptance Division considers that the reason for reduction or exemption of the litigation fee cannot be tenable, it shall make a decision on rejecting the application for reduction or exemption of litigation fees, and send to the appellant a notice on advance payment of the litigation fee. If the appellant fails to make the payment within the period, the Case-Acceptance Division shall deal with it as the appeal is withdrawn. Article 7. Where the appellant directly appeals to this Court and files an application for postponement, reduction or exemption of litigation fees, the Case-Acceptance Division shall notify the court of the first instance to transfer the files of the case to this Court. After receiving the files of the case transferred by the first instance, the Case-Acceptance Division shall handle it in accordance with Articles 5 and 6 of the present Measures. Article 8. Where the appellant proposes to withdraw the appeal after it has appealed to this Court and has paid the litigation fees, the Case-Acceptance Division shall, after accepting the case, transfer the files of the case to the relevant trial tribunal for examination and decision; if it permits the withdrawal of the appeal, the appellant shall bring the ruling on permitting the withdrawal of the appeal to the Judicial Administration Equipment Office of this Court to apply for refund of the litigation fees. Article 9. If, in the trial of a case, other litigation costs need to be charged, the relevant trial tribunal shall notify the relevant party to prepay them. Article 10. The present Measures shall become effective on September 1, 2003. |
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