Recently, the Municipal Higher People's Court published the "Shanghai court trial work rules for the implementation of the development of micro(Trial)", to define the applicable scope, a small case trial mode, program transformation and trial supervision. The "implementation rules" next year1Month1The trial date, the seven class1.5Million yuan of the following civil cases the appropriate legal way, execute a court hearing the case, the cycle will be greatly shortened, the fastest2To3Days can be closed, the litigation costs only10Element.

　　Application of property services, credit card dispute etc.

The promulgation of the new "implementation rules" provisions of the strict procedure applicable types of cases, explicitly enumerates seven kinds of cases, no miscellaneous provisions. These seven kinds of cases is1The rights and obligations clear small folk loan, the loan contract and financial loan contract dispute;2The rights and obligations clear telecommunication service contract, property service contract dispute;3The rights and obligations clear, due to water, electricity, gas charges in arrears of power supply contract disputes, contract disputes, water supply and use contract for gas dispute;4Clear responsibility, determine the amount of loss of motor vehicle traffic accident liability disputes;5The identity relation clear, only exists controversy in the pays the amount, time of alimony, maintenance, alimony dispute;6Labor relations clearly, only in the dispute of labor remuneration, work-related injury medical expenses, economic compensation or damages payment amount and payment time labor contract disputes;7Arrears to clear credit card dispute.

"Implementation rules" clearly three necessary conditions for the application of small claims1The facts are clear, the rights and obligations clear, less controversial;2The disputed amount is lower than the standard line;3Single money litigation of payment, excluding relates to personal relations, property dispute cases. According to the Shanghai average wage calculation, from next year1Month1To6Month30Day, the disputed amount is lower than the1.5Million and also meets the other two conditions of civil cases, small claims will be applicable. The amount will vary with the average wage of floating and floating.

At the same time, "implementation rules" clearly, relates to personal relationship, right, a party One's whereabouts is a mystery. need announcement service etc.9Circumstances, does not apply to small claims.

　　Receiving the materials shall be in3Days put on record

A small case trial mode more convenient. The request shall be of small claims cases after receipt of the material date3Days put on record(The general case requires7Days of filing)In principle1Months closed(The common program requirements6Months closed)A tribunal, and to conclude, in court, in the service of legal documents. In the trial stage, can not distinguish the court investigation, the debate stage, form a relatively flexible.

Small claims not appeal, the verdict against what? For the problem of public concern, "implementation rules" clear, the parties to a legally effective judgment, ruling procedure, mediation book think is wrong, can be in accordance with the provisions of the civil procedure law, apply to the court for retrial.