Learn about new revision of the civil procedure law in a court.

The content of the law:  

In trying a simple civil case in accordance with the law 157th prescribed in the first paragraph of article 162nd the basic people's court and the tribunals dispatched by it, subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below thirty percent, execute a court.

     Attached:Article 157thIn trying a simple civil case facts are clear, the relationship between the rights and obligations are clear, the controversy is the basic people's court and the tribunals dispatched by it, the provisions of this chapter shall apply.
The trial of civil cases prescribed in the preceding paragraph at the basic people's court and the tribunals dispatched by it, the parties may agree to apply summary procedure.

    This article is about the small claims procedure,Is the increase in the modification of the civil procedure law.

According to the provisions of this article, trying simple civil cases in accordance with the law 157th the provisions of the first paragraph of the basic people's court and the tribunals dispatched by it, subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below thirty percent, execute a court. This article contains six meanings:

(a) small claims procedure can only be used in the trial in civil cases, the basic people's court and the tribunals dispatched by it

Small claims procedure stipulated in the chapter that summary procedure, small claims procedure is identical with the simple procedure, can only apply to the basic people's court and the tribunals dispatched by it, in general, above intermediate people's court trial of civil cases, the amount is large, the case is more complex, not suitable for small claims procedure.

(two) the small claims procedure applicable to simple civil cases

Small claims procedure set objective, is small, simple civil cases with more convenient, faster, more economical procedure, a small, simple as determining the applicable procedure in cases of standards, procedures can truly reflect the small claims procedure, the procedure function. Therefore, the scope of small claims procedure must be a simple civil case relation is the facts are clear, the rights and obligations are clear, less controversial.

(three) for small claims procedure subject to the provinces, autonomous regions, municipalities directly under the central government on urban units in the average annual salary of urban employees below thirty percent simple civil cases.

According to the various provinces, autonomous regions, municipalities directly under the central government on the average annual salary of urban employees to determine the standards applicable to small cases for a certain proportion index, one can adapt to the economic development of the provinces, on the other hand can be adjusted with the provinces, autonomous regions, municipalities directly under the central government economic development each year. According to the statistical data provided by the National Bureau of statistics,As of 2011, employment in Beijing City, the average wage for 75482 yuan, the 30% 22000 yuan; employment in Shanghai City, the average wage for 75591 yuan, the 30% 22000 yuan; employment in Heilongjiang Province, the average wage for 31302 yuan, the 30% 9300 yuan. As can be seen above, the suitable amount of standard addition procedure developed area is about twenty thousand yuan, most of the area is ten thousand yuan. Suitable amount of concrete, released by the Supreme People's court in accordance with the above standard every year.
(four) the small claims procedure execute a court
Small claims procedure is simple, the features and requirements of the different from the ordinary procedure and summary procedure of trial grade system. Considering the small lawsuit involving a volume is small, rapidly solving the civil disputes, and reduce conflicts case much less, small claims there is no need to implement the second trial final judgment; and if the lawsuit the second trial final judgment, and the simple procedure is no difference, the establishment of small claims litigation system also lost meaning. Therefore, the provisions of this article, small litigation execute a court.
(five) for the relief of the small claims procedure
Ensure petty lawsuit justice, should be with the existing procedure for trial supervision hook. Small litigation execute a court, if a party refuses to accept a judgment, ruling, may apply for a retrial in accordance with the provisions of the civil procedure law. The civil procedure law the 200th regulation, the parties to apply for one of the following circumstances, the people's court shall review: (1) there is new evidence, to reverse the original judgment, ruling; (2) the original decision, ruled that the basic facts of the lack of evidence; (3) the main evidence judgment, ruling by the facts the counterfeit; (4) the original judgment, ruling the main evidence for ascertaining the facts without quality certificates; (5) the main evidence on hearing cases need for objective reasons, the parties can not be collected, the people's court for a written investigation and collection, the people's court has not collected; (6) the original judgment, judgment is indeed erroneous application of the law; (7) the judicial officers. Judicial organization of illegal or should be avoided in accordance with the law without avoidance; (8) without the capacity for action without legal representative in litigation or when the parties, because you cannot blame themselves or their agents ad litem reasons, not to participate in the proceedings; (9) in violation of the provisions of laws, depriving party debate right; (10) has not been served with a summons, judgment by default; (11) the original judgment, ruling omissions or Beyond the litigation request; (12) according to legal instruments to make the original decision, ruling is revoked or changed; (13) the trial of the case with corruption and bribery, play favouritism and commit irregularities, perverted the law behavior. Application of small claims procedure concluded civil cases, there were 200th civil law provisions, the parties may apply for retrial.
(six) the provisions of other reflects the summary procedure is also applicable to the summary procedure
　  "Guiding opinions of" the Supreme People's Court on some grassroots people's courts carry out small quick judging the pilot work of the small claims procedure also made with respect to the special provisions of the summary procedure, the people's court shall apply the micro cutting speed as the trial of the case, heard by a judge alone, can according to the application of the parties for mediation or session in the evening, rest days, can flexibly arrange the questioning of witnesses time; micro cutting speed for the trial of civil cases, should be filed within one month from the date of conclusion, cannot be concluded due to, shall apply the ordinary procedure.
The revision of the Civil Procedure Law of the small claims procedure in a chapter summary procedure, the procedure relative to the summary procedure is more convenient and efficient program features are not specified. Some provisions of the summary procedure in the chapter, such as oral proceedings, the case immediately, use simple ways to summon the parties and witnesses, litigation documents, the trial of the case, by a single judge alone and not by the court investigation, court debate program restrictions and other regulations applicable in small claims procedure.