Notice of Guangdong Provincial Higher People's Court issued the "guidelines" on the application of small claims procedure in the trial of civil cases by the higher people's Court of Guangdong Province
              (Guangdong high method (2012)46No.)

The people's courts at all levels, the maritime court, the Guangzhou Guangzhou Railway Transportation Court in two levels:
The "Guangdong Provincial Higher People's Court on the application of small claims procedure in the trial of civil cases operation guidelines" issued to you, please actual conscientiously implement. Any problem encountered in the implementation, please report to the court people a court.
Guangdong Provincial Higher People's court
2012Years12Month24Day
 
Operational guidelines on the application of small claims procedure in the trial of civil cases Guangdong Provincial Higher People's court

In order to further standardize the small claims procedure, optimize judicial resources, improve the efficiency of the trial, safeguard the legitimate rights and interests of the parties in a timely manner, according to the "Civil Procedure Law of the people's Republic of China",The Supreme People's court "on the application of the" PRC Civil Procedure Law > the views of a number of issues"And other relevant provisions, combined with our provincial civil trial practice, the applicable procedure puts forward specific operational guidelines for the trial of civil cases.
　　1Applicable scope] [facts are clear, the rights and obligations are clear, the parties dispute, case amount for the case last year, Guangdong Province town of average wage thirty percent following the following civil cases, suitable for small proceedings:
(1Cases of disputes over contracts), sale, lease, loan, borrowing contract, rural land contract, savings deposits and service contracts;
(2) identity relation clear inheritance disputes, not to divorce property disputes the upbringing of children;
(3The identity) clear, only controversial in the payment amount, time of alimony, maintenance, alimony dispute case;
(4) traffic accident damage compensation, the quality of the products and personal and property damages in tort cases, unjust enrichment and non reason management disputes;
(5Clear) labor relations, the labor dispute cases only controversial in the labor remuneration, work-related injury medical expenses, economic compensation or damages, payment amount, the time of the;
(6Labor Relations) clearly, labor contract dispute cases only controversial in payment services, the amount of time;
(7Other cases for trial) suitable for small claims procedure.
For the above article (5) the labor dispute cases shall, according to theInterpretation of the Supreme People's court "on hearing the law applicable to a number of labor dispute cases (three)"ArticleArticle thirteenThe spirit of the provisions, if the parties request single amount accord with the first paragraph of this article the requirements, applicable to small proceedings.
Have application in hearing procedure cases, the alteration of the parties litigation request, the additional party, such as the change of the party after the lawsuit is still in accordance with the provisions of the first paragraph of this article may continue to hear the applicable conditions, small claims procedure.
　　2[] the following civil cases shall not exclude the application of appropriate legal proceedings:
(1)Several provisions on the application of summary procedures in the trial of civil cases the Supreme People's court ""ArticleARegulations do not apply for a simple procedure to try a case;
(2) has been apply summary procedure, common procedure to try a case;
(3) personal relation dispute case involving;
(4The case involving the property rights disputes).
　　3[] in accordance with the small claims procedure priority conditions of civil cases, the people's court filing, priority should be given priority scheduling, priority processing, play a small claims procedure is convenient, efficient function.
　　4[program] the right to know the decision of a people's court for trial procedure, should be timely to "small litigation notice" and so on, notify the party concerned in writing procedures applicable conditions, the trial organization, the trial mode, trial period, way of judge, litigation fee charged at the standard and the application for retrial rights program arrangement, the litigant's procedure right.
　　5[the parties objection processing] clients have objections to the appropriate legal trial procedure, but before trial, in spoken or written form, the people's court to accept the case of objection.
Where the parties have no objection to the establishment of the court, the presiding judge may or objection is received within three days from the date of, a verbal or written ruling, dismissed the objection application. If the objection, should be oral or written ruling, the case transferred to the summary procedure and common procedure, and inform the parties in a timely manner. A verbal ruling, should be recorded in the transcript. The parties to the ruling disaffected, may appeal.
　　6[the trial time, location and duration] applicable procedure to try a case, a specific time and place is generally determined by the people's court may, upon application of the party concerned and approved by the people's court to determine the case, basic information does not have to report in three days before the hearing. The trial application of small claims procedure cases, the general should be placed on file within one month of the date.
　　7[] for mediation and judgment hearing procedure cases, the people's court shall adhere to"Giving priority to mediation, mediation and judgment"The principle, make the case mediation; if the mediation fails, should be timely judge.
The people's court shall try to small litigation court conciliation or pronouncement, and full of audio and video. If not the whole video recording, should make records, record the parties signed with record filing.
　　8[] evidence and defense parties have to appear in court, and explicitly waives the defense period and the time limit for adducing evidence, the people's court may inform the legal consequences in giving up defense period and proof deadline, the written record of the hearing, immediately.
The parties expressly not to abandon the respondent or the term of adducing evidence, can be designated by the people's court or the parties agreed not to exceed7Days to reply period or the time limit for adducing evidence.
　　9[trial] People's court small cases, can take the telephone, e-mail, fax, mobile phone text messages and other simple ways to summon or litigation documents, but delivered judgments, rulings, mediation book except. The parties or witnesses have legitimate reasons not to appear in court, with the permission of the consent of the other party or the people's court, the trial or asked the use of audio-visual transmission technology etc.. There is evidence that the parties have a convenient way to legitimate summons, refuses to appear in court without justified reasons, the people's court decision by withdrawing treatment or absent. Take the easy way not summoned or served, should be based on "The Civil Procedure Law"And other relevant provisions summons or delivery.
A small case trial without the court investigation, court debate, the final statement and court mediation program limits, the trial process can be flexible, to strive for a hearing, the court verdict, the court judgment is served by.
　　10[identification, evaluation, inspection and jurisdiction objection] during the hearing of the case, if the parties apply for identification, evaluation, inspection or put forward the objection to jurisdiction, may continue to hear the application procedure, identification, evaluation, inspection period and the objection to the jurisdiction of the trial period is not included in the trial period. But the people's court considers it inappropriate to exception of small claims procedure trial.
　　11[] the people's court judgment simplification can be simplified in a small case verdict, the names of the parties, the fact that key specified points, the basic reason, payment amount and period; or take table format documents, or only records the basic situation, party dispute matters, the referee in the writ type instruments, to further simplify the judgment to improve the efficiency of the trial.
　　12[] in the trial program transformation of people's Court of small claims procedure trial process, if found not to apply small proceedings or because of the postponement of the burden of proof to cause the case can not be concluded within three months, the presiding judge shall be oral or written ruling, the case transferred to ordinary procedure.
　　13[link] case program into the summary procedure, such as parties did not provide new evidence and the case has been heard, the people's court may decide not to trial; case into the ordinary procedure, the people's court shall form a collegial panel, to hold a court hearing.
　　14[and] the retrial procedure of people's court ruling as the effective judgment, the parties may not appeal, but in accordance with the "The Civil Procedure Law"Article199ArticleProvisions, apply to the relevant court for retrial.
The people's court in accordance with the procedure for trial supervision of small claims cases retrial, shall be in accordance with the "The Civil Procedure Law"Article207ArticleThe provisions of the applicable procedures, decision. If the court, in accordance with the ordinary procedure of first instance trial, the judgment, ruling, the parties concerned may appeal against the. As indicated by the higher court, according to the procedure of second instance trial, the judgment, ruling is a legally effective judgment, ruling.
　　15[] according to the State Council "litigation costsMeans to pay the cost of litigation"Article16ArticleRegulations, appropriate legal procedure to try a case should be halved charge the fees for accepting the case.
　　16[statistics] case number and convenient for operation, small claims cases, using ordinary cases case number, which is expressed as"(* * * *)* *Method the people*At the beginning of the word no.* *No.". The courts at all levels shall be as relevant data is entered trial system of small claims, and do the statistical work of relevant data.
　　17Other matters not provided for in this [guide] should be applicable to other matters, "The Civil Procedure Law"And the relevant judicial interpretation of the relevant provisions of the summary procedure.

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