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合同纠纷起诉条件有哪些,有哪些费用?What are the conditions and costs for filing a contract dispute lawsuit?

产生合同纠纷后,当事人一方可以向法院提起诉讼。但此时需要注意合同纠纷的起诉条件,如果不满足这些条件的话,那么法院一般是不会立案受理的。

一、合同纠纷起诉条件有哪些

想打合同官司告状必须有起诉这一环节,但这也并不意味着生活中只要有人起诉,法院都必须立案受理。事实上,法院所受理的只是那些符合法定条件的诉讼案件,而这法定条件便是每个欲行使诉讼权利的公民所必须知道且要严格把握的。起诉的法定实质要件有:

1、要有明确的被告。即必须在诉状中说明被告是谁及其基本情况。如果被告是自然人的,需要写明包括姓名、年龄、籍贯、性别、家庭住址、邮编、电话等情况。如果被告是单位的,需要写清单位的全称、地址、邮编、联系方法、单位法定代表人。

2、要有明确的诉讼请求。必须在诉状中明确提出让法院依法保护的具体民事权利是什么,同时提出相应的事实根据和理由。

3、属于人民法院主管和受诉人民法院管辖。即所诉的问题,必须属于人民法院依法拥有管辖权,并符合地域管辖、级别管辖。

4、原告与本案有利害关系。即原告要起诉的案件必须和起诉者本人或单位有直接的利害关系。

二、合同纠纷诉讼费用有哪些?

根据《民事诉讼法》第107条规定:当事人进行民事诉讼,应当按照规定交纳案件受理费。财产案件除交纳案件受理费外,并按照规定交纳其他诉讼费用。诉讼费包括两个方面:

(一)案件受理费。就是人民法院决定受理当事人提出的诉讼后,依法向当事人收取的费用。案件受理费可分为:

1、非财产案件受理费,如离婚、侵犯公民肖像权、名誉权等因人身关系或非财产关系提起的诉讼时,人民法院依法向当事人收取的费用。

2、财产案件受理费。如债务、经济合同纠纷等因财产权益争议提起诉讼时,人民法院依法向当事人收取的费用。其他诉讼费用。

(二)人民法院除了向当事人收取案件受理费外,还应收取在审理案件及处理其他事项时实际支出的费用。主要包括:

1、勘验费、鉴定费、公告费、翻译费(当地通用的民族语言、文字除外)。

2、证人、鉴定人、翻译人员在人民法院决定开庭日期出庭的交通费、住宿费、生活费和误工补贴费。

3、采用诉讼保全措施的申请费和实际支出的费用。

4、执行判决、裁定或者调解协议所实际支出的费用。

5、人民法院认为应当由当事人负担的其他诉讼费用。


After a contract dispute arises, one party may bring a lawsuit to the court. But at this point, it is necessary to pay attention to the litigation conditions for contract disputes. If these conditions are not met, the court generally will not accept the case.

 

1 What are the conditions for filing a contract dispute lawsuit

To file a lawsuit for a contract, there must be a lawsuit, but this does not mean that as long as someone sues in daily life, the court must file and accept the case. In fact, the court only accepts litigation cases that meet the statutory conditions, which are necessary for every citizen who wishes to exercise their litigation rights to know and strictly grasp. The statutory substantive requirements for prosecution include:

 

1. There should be a clear defendant. It is necessary to state in the complaint who the defendant is and their basic information. If the defendant is a natural person, it is necessary to specify information such as name, age, hometown, gender, home address, postal code, telephone number, etc. If the defendant is a unit, it is necessary to clearly state the full name, address, postal code, contact information, and legal representative of the unit.

 

2. There should be clear litigation requests. It is necessary to clearly state in the complaint what specific civil rights are to be protected by the court in accordance with the law, and provide corresponding factual basis and reasons.

 

3. Belongs to the jurisdiction of the people's court and the people's court being sued. The issue being sued must belong to the jurisdiction of the people's court in accordance with the law and comply with regional and level jurisdiction.

 

4. The plaintiff has an interest in this case. The case that the plaintiff intends to sue must have a direct interest relationship with the plaintiff or their unit.

 

2 What are the litigation costs for contract disputes?

According to Article 107 of the Civil Procedure Law, parties involved in civil litigation shall pay the case acceptance fee in accordance with regulations. In addition to paying the case acceptance fee, other litigation costs shall also be paid in accordance with regulations for property cases. Litigation costs include two aspects:

 

1 Case acceptance fee. It refers to the fees charged by the people's court to the parties in accordance with the law after deciding to accept the lawsuit filed by the parties. The case acceptance fee can be divided into:

 

1. The fee for accepting non property cases, such as divorce, infringement of citizens' portrait rights, reputation rights, and other lawsuits filed due to personal or non property relationships, shall be collected by the people's court from the parties in accordance with the law.

 

2. Property case acceptance fee. When a lawsuit is filed due to property rights disputes, such as debt and economic contract disputes, the people's court shall collect fees from the parties in accordance with the law. Other litigation costs.

 

2 In addition to collecting case acceptance fees from the parties, the people's court should also collect the actual expenses incurred in the trial and handling of other matters. Mainly including:

 

1. Inspection fees, appraisal fees, announcement fees, and translation fees (excluding local ethnic languages and scripts).

 

2. The transportation expenses, accommodation expenses, living expenses, and compensation for lost work for witnesses, appraisers, and translators appearing in court on the date determined by the people's court.

 

3. The application fee for adopting litigation preservation measures and the actual expenses incurred.

 

4. The actual expenses incurred in executing a judgment, ruling, or mediation agreement.

 

5. The people's court believes that other litigation costs should be borne by the parties involved.