Loser pays, 看来中美是例外。


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送交者: chouqilozi 于 2009-03-09, 11:40:59:

回答: 律师费用、取证的费要自己出, 法院不可能让败方承担这些费用. 由 JJZ 于 2009-03-09, 11:09:53:

Loser pays

Most countries operate under a "loser pays" system, sometimes called the English rule. Under the English rule, the losing party pays the successful party’s attorney fees (please note that the award is referred to as "attorney fee" as the fees do not belong to the attorney, but to the prevailing party), as well as other court costs. The United States is a notable exception, operating under the American rule, whereby each party bears its own legal expenses. Some tort reform advocates propose adopting a "loser pays" rule in the United States. For example, a judge may say: "I am ruling for the plaintiff on the amount of $(amount of money) plus all court costs and attorney's fees."




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