The dispute over the responsibility of court execution expenses refers to the dispute arising from the allocation of expenses in the process of court execution. When the execution cost occurs, the subject of execution, the person subjected to execution and other interested parties may have different responsible subjects, thus resulting in disputes over the allocation of expenses. The way to solve this dispute can be through negotiation, mediation or litigation. The expenses for appraisal, evaluation and inspection shall be borne by the party submitting the application. If the application executor and the person subjected to execution reach a settlement agreement during the execution period, the execution expenses shall be jointly borne by both parties after consultation; If negotiation fails, the court shall make a judgment. When handling enforcement cases, the people's court shall collect application enforcement fees according to law. When accepting an enforcement case, the enforcement court shall not receive the application enforcement fee from the application executor in advance. The execution court shall calculate the amount of the application execution fee of the whole case according to the amount of the subject matter applied for execution by the application executor and the standards stipulated in the Measures for Litigation Fees of the People's Courts, and collect it from the executed down payment. The application execution fee charged shall be included in the amount of the subject matter to be executed, and shall be executed together with the debts determined by the effective legal documents.
Circumstances in which the execution fee can be reduced or exempted:
1, disabled people without a fixed source of livelihood;
2. Lonely old people, orphans or rural five-guarantee households with difficulties in life;
3. Belonging to the special care recipients stipulated by the state and living in difficulties;
4, are enjoying the minimum living guarantee for urban residents or receive unemployment benefits, no other income, life is difficult;
5, due to natural disasters or other force majeure caused by life difficulties, are receiving state relief or family production and operation is unsustainable;
6. Social welfare enterprises in charge of welfare homes, orphanages, nursing homes, hospitals, mental hospitals, SOS children's villages and other social welfare institutions and civil affairs departments;
7. Other circumstances in which the people's court considers that the application execution fee can be reduced or exempted.
To sum up, the cost of court enforcement shall be borne by the person subjected to execution. In the process of application implementation, attention should be paid to the scope of acceptance, the implementation period and the materials to be submitted. In addition, the dispute over the court's responsibility for charging execution needs to reasonably divide the responsibility for charging and safeguard the legitimate rights and interests of all parties. I hope the above information can help you better understand the relevant matters of court execution.
Legal basis:
Measures of the People's Republic of China on Payment of Litigation Costs
Article 10
If a party applies to the people's court for the following matters according to law, it shall pay the application fee:
(a) to apply for the enforcement of legally effective judgments, rulings and conciliation statements of the people's courts, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary agencies according to law;
(2) Applying for preservation measures;
(3) Apply for a payment order.
(4) applying for publicity;
(five) apply for cancellation of the arbitration award or determine the validity of the arbitration agreement;
(6) filing for bankruptcy;
(7) Application for maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens;
(eight) to apply for recognition and enforcement of judgments and rulings of foreign courts and foreign arbitration institutions.