abstract：According to the regulations above, the court shall return the litigation fees within 15 days from the date on which the relevant legal document becomes effective, unless the prevailing party voluntarily assumes such fees or agrees to receive the payment
Keywords：litigation fee,refund
I. Regulations
ⅰ. Interpretations of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Fa Shi [2015] No.5, Effective on February 4th, 2015) ,article 207:
After a judgment comes into effect, the competent people's court shall refund the prevailing party the litigation fees that have been prepaid but shall not be borne thereby, and such litigation fees shall be paid by the losing party to the competent people's court, unless the prevailing party voluntarily assumes such fees or agrees to receive the payment of such fees directly from the losing party.
The competent people's court may take compulsory enforcement measures if the parties concerned refuse to pay litigation fees.
ⅱ. Measures for the Payment of Court Fees (Promulgated on December 19th, 2006), article 53:
A people's court shall, upon conclusion of the trial of a case, give a written notice of the list of the court costs and the amount that shall be borne by each party, and specify such amount in its judgment, order or conciliation statement.
Where any court costs shall be refunded to the party concerned, the people's court shall make the refund within 15 days from the date on which the relevant legal document becomes effective.
II. Notice
According to the regulations above, the court shall return the litigation fees within 15 days from the date on which the relevant legal document becomes effective, unless the prevailing party voluntarily assumes such fees or agrees to receive the payment of such fees directly from the losing party. In order to facilitate the parties to timely receive the litigation fees that the court shall refund, the parties shall fill in the bank account confirmation letter of the “Winning Refund” including the bank account number for receiving the “Winning Refund” when prepay the acceptance fees and application fees. The parties shall clarify whether they voluntarily assume or agree that the losing party will directly pay the litigation fees that they prepaid but should not be borne.
