China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	NOTICE OF THE MINISTRY OF FINANCE, THE PEOPLE'S BANK OF CHINA AND THE SUPREME PEOPLE'S COURT ON COLLECTION AND SETTLEMENT OF LITIGATION FEES OF THE PEOPLE'S COURTS

	(No. 150 [1999] of the Supreme People's Court, Ministry of Finance and People's Bank of China October 9, 1999)


SUBJECT : LITIGATION FEES; COLLECTION AND SETTLEMENT
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT, MINISTRY OF FINANCE OF THE PEOPLE'S REPUBLIC OF CHINA, PEOPLE'S BANK OF CHINA
ISSUE DATE : 10/09/1999
IMPLEMENT DATE : 10/09/1999
LENGTH : 617 words
TEXT :

In accordance with the Measures on the Administration of Litigation Fees Collected by the People's Courts (No. 406 [1999] of the Ministry of Finance), and upon research by the Ministry of Finance, the People's Bank of China and the Supreme People's Court, we hereby give our notice as follows regarding the collection, remittance, payment and allocation, by the people's courts, of the litigation fees in order to guarantee that the litigation fees may be completely under the administration of ¡°separating revenue from expenditures¡±, that the litigation fees may be fully remitted into special financial accounts in time, as well as to accelerate the speed of allocating funds and strengthen supervision and administration of the litigation fees by the provincial-level financial administration and the higher courts.

I. The collection, remittance, payment and allocation of litigation fees by the local people's courts at all levels within the jurisdictions of the respective provinces, autonomous regions, municipalities directly under the Central Government, and allocation by the financial departments at all levels of funds from special financial accounts to the people's court, shall be uniformly handled through Agricultural Bank of China (hereinafter referred to Agricultural Bank).

II. Each financial department at the provincial level shall open a provincial-level special financial account in the local provincial-level branch of the Agricultural Bank, and open special deposition accounts for remittance and payment of litigation fees income in the subsidiaries of the Agricultural Bank at the localities of the people's courts at all levels within its jurisdiction. Such accounts may only be used for collection, remittance and payment of litigation fees.

III. The local people's court at each level shall open a special account for the payment of extra-budget funds in the Agricultural Bank at the locality of the local provincial-level special financial account or special deposition account for remittance and payment of the income, which shall only be used for management and accounting of the funds allocated from the special financial account.

IV. A party to litigation shall bring the notice issued by the people's court on payment of the litigation fees to the local Agricultural Bank to pay the litigation fee. The handling institution of the Agricultural Bank shall, according to the agreement by its provincial-level branch and the financial department at the provincial level and also the higher people's court, as well as the uniform provisions of the financial department at the provincial level, timely transfer the litigation fees paid by the party into the provincial-level special financial account and the local special financial account. The specific methods of administration shall be determined by the financial department at the provincial level and the higher court on the basis of their joint research.

V. According to the above requirements, the financial department at the provincial level and the higher court in each region shall conclude an agreement with the provincial-level branch of the Agricultural Bank, clearly prescribing that the agricultural bank shall provide the local financial departments and the people's courts at all levels with such services including statements, check of accounts, on-line inquires, etc., and shall guarantee that the funds can be transferred safely and timely. The agreement shall be distributed together with the present Notice for implementation.

VI. The agricultural banks at all levels shall attach great importance to the management of litigation fees on behalf of the courts, and shall, in compliance with the principle of ¡°paying the fee in the neighborhood, and handling the affairs on the special counter¡±, send experienced professionals with strong sense of political responsibility to do this work.

VII. The collection and settlement of litigation fees on behalf of the courts in cities directly under State planning shall be implemented by referring to the above provisions.