In order to regulate the province court lawsuit trial of cases, small claims procedure properly for the trial of civil cases, according to the "PRC Civil Procedure Law" article 162nd and other relevant provisions, combine me the province is actual trial, the enactment of this opinion.

The first [principle]

Application procedure the trial of civil cases, shall adhere to the principle of justice, the principle of high efficiency, by simplifying the procedure, convenient masses litigation, the parties to reduce costs, improve the quality and efficiency of trials, safeguard the legitimate rights and interests of the parties in a timely manner, to promote social harmony and stability.

In accordance with the applicable conditions of the small claims procedure cases, shall apply to small claims procedure.

Article second [conditions]

Appropriate legal procedure to try a case shall also meet the following conditions:

(a) the facts are clear, the rights and obligations clear, less controversial;

(two) the amount is not more than a small case amount standards high people's Court of Henan province was published;

(three) belonging to a single money v..

Article third [type] case

The following cases can be applied to small claims procedure:

(a) private lending, loan contract dispute case;

(two) the sale, lease, transportation contract disputes;

(three) the telecom service, property service contract and the contract dispute case;

(four) for the supply of water, electricity, gas, heating contract dispute case;

(five) the identity relation clear, only in the dispute amount of payment, time of alimony, maintenance, alimony dispute case;

(six) liability disputes of motor vehicle traffic accident responsibility, the plaintiff loss to determine the amount and other personal injury liability disputes;

(seven) the amount of arrears clear bank card dispute case;

(eight) the labor relations, the labor dispute cases only controversial in the labor remuneration, work-related injury medical expenses, economic compensation or damages payment amount and payment in time;

(nine) the labor relation is clear, the labor contract dispute cases controversial only payment amount and payment time in labor compensation;

(ten) other payment disputes.

Article fourth except [apply]

The following cases, does not apply to the small claims procedure:

(a) relates to personal relations disputes, property rights disputes;

(two) required additional party or the defendant counterclaim cases;

(three) the parties increase or modify the claim after the bid higher than the small amount of litigation standard cases;

(four) a party to the case One's whereabouts is a mystery. served notice;

(five), the Hong Kong and Macao Taiwan and foreign related intellectual property cases;

(six) needs assessment, identification or even during the pre litigation of appraisal but the other party has objection cases;

(seven) the group litigation, group litigation involving a large number, has great influence in the area of case and case handling may cause mass litigation cases;

(eight) the other is not appropriate for the trial procedure of civil cases.

Article fifth [application] agreed

In accordance with the small claims and other conditions, only is the subject of more than in the case of lawsuit amount standards but not more than two times the case, both parties agreed requirements applicable to small claims procedure, the people's court may be permitted, and making a record for the record.

The defendant counterclaim, counterclaim subject is also in line with small amount of litigation when the annual standard, the people's court may solicit the opinions of both parties, both parties agree to apply small claims procedure, suitable for small claims procedure to hear.

The litigant request changes in the case of the trial, if the only change the amount of subject matter of litigation, after the change of the subject of more than when small amount of litigation standard but below two times, the people's court shall be the parties to interpretation, such as the two sides have no objection, shall make transcripts, the two parties sign to confirm to continue application procedure.

In the circumstances, the parties at the end of the trial made clear that not willing to continue to apply the small claims procedure, shall be permitted, and the case to trial in accordance with the general provisions of the summary procedure. The procedure has been to.

Article sixth [guide] proceedings

The basic people's court, the people's court shall be in the registration hall prominently placed small claims procedure guide, legal publicity column. Conditions of the basic people's court may also set up small claims special file window, responsible for registration, consulting work.

Article seventh [against]

The plaintiff may be to write a complaint or use the form of the indictment, also sued Coca head. Oral proceedings, the people's court shall be recorded in writing, and inform the other party.

Article eighth [tell] right

To comply with the applicable conditions of small claims cases, the people's court shall receive the prosecution materials within three days from the date of filing, and inform the plaintiffs in the case for small claims procedure, also send "lawsuit notes". After docketing the case5Days will be a copy of the indictment, "small litigation notice" to the defendant.

"Notice" shall include the small claims procedure applicable conditions, the trial organization, mode of trial, a court of retrial application right, and other important events.

Article ninth [case] No.

The small cases, separate filing a case number, case number year, accepted by the court (court), the undertaking department (or referred to as specific types of cases), number consists of five parts of small claims procedure, years. Case number Unicode: (year)+The court, the court on behalf of the word+The people of small+No. *, or (year)+The court on behalf of the word+The undertaking department (people, people two etc.)+Small print+Article X.

Article tenth [case] internal circulation period

Application of small claims procedure to try a case, should be in the general case the transfer the case to the judicial personnel specified, the length of not more than3Working days.

Article eleventh [treatment]

The parties disagree on the appropriate legal procedures, can put forward at the end of the trial. The people's court shall complete the examination within five days after the review, objection, according to the summary of the general provisions of trial or the case is transferred to ordinary procedure; if not, the court rejected the objection application. A verbal ruling, should be recorded in the transcript.

Article twelfth [judges and trial department]

Small cases, by the high political quality, professional ability, familiar with the local social conditions and public opinion, engaged in civil trial work for more than three years judge a single judge.

For small cases, the basic people's court by the people's court, civil court, on the court and other departments responsible for hearing according to the actual work to determine.

Conditions of the basic people's court may set up small claims courts of special.

Article thirteenth [proof period, pleading period]

The people's court full interpretation, made it clear that the parties to abandon the respondent and the burden of proof period, can direct the trial.

The parties not to abandon the respondent period, the people's court may designate defense period, generally do not exceed the specified period reply7Day.

The parties do not giving up the stage, can be determined through consultation by the parties or designated by the people's court shall not exceed10The burden of proof during the day.

Article fourteenth [] to summon the litigants, witnesses

Can use the telephone, fax, e-mail and other simple ways to subpoena the parties and inform the witnesses, but shall be recorded in the files of the case. With permission of the people's court, the witness can through the written testimony, audio-visual fax technology or audio-visual materials such as witness.

Article fifteenth [hearing] time, place

According to the application of the parties, flexible time trial.

Actively carry out the assizes, flexibility to determine the place of the court session, as the case may be the place is located or dispute to facilitate the parties to litigation workplace in the domicile, tour, court mediation, filing, sentencing.

Article sixteenth [trial]

Should strengthen the litigation guidance, require the parties to carry all the evidence and notify the witness in the court, and strive to do a session.

Can be appropriately simplified trial procedure, not by the court investigation, court debate, the final statement and court mediation order restriction. But should guarantee the rights of statement.

Article seventeenth [trial]

The summons, the defendant refuses to appear in court without justified reasons, the court or midway without permission by the court, small claims procedure is not affected.

Article eighteenth] [mediation

The people's court small cases shall give priority to mediation, the mediation work throughout the pretrial, trial, the court after each link. Parties to the mediation or mediation fails, a judgment shall be made without delay.

Article nineteenth [time]

Application of small claims procedure to try a case, should be filed within one month of the date. Because of objective reasons can not be concluded within one month, approval, may be extended to two months of trial.

Article twentieth the production of adjudicative document []

The parties voluntarily applies for withdrawal of the case or the parties to reach a mediation agreement voluntarily, and was performed by the people's court to review, confirm, recorded in the transcript, the parties signature, seal or fingerprint, can not be issued mediation or the ruling party, but require except. Other circumstances shall be issued to the party involved legal documents.

Judgment and a small case as the case may be, the fact judgment reasoning part is simplified, only the points can be specified. But should include the header, claims and defenses, the main body, the tail.

Further simplification of the basic people's court can actively explore the judgment documents, can make formatting judgment.

A small case judgments should be specifically cited the "PRC Civil Procedure Law" article 162nd, and at the end of that "this judgment is the final judgment".

Article twenty-first [service]

Application of small claims procedure to try a case, but not in court pronouncement of judgment is served by, should be in the3Days after the judgment is served by the parties.

The twenty-second basic principles of conversion [program]

Application of small claims procedure to try a case, conversion to other procedures should be strictly controlled. Special circumstances need to change, approval, according to the views to the general provisions of the summary procedure of trial or converted to ordinary procedure. After conversion, the trial of continuous calculation.

Article twenty-third [to in accordance with the general provisions of simple procedure trial]

Application of small claims procedure trial, such as the occurrence of the following circumstances, it shall transfer the case to trial in accordance with the general provisions of the summary procedure:

(a) the parties modify claims, if only to change the amount of subject matter of litigation, and changed the subject of more than the small amount of litigation in standard but below two times (including two times), the people's court shall continue to apply to both parties. Whether the small claims procedure agreed. The parties expressed objection, should be turned into by general provisions of the summary procedure of trial;

(two) the parties modify claims, such as the change of the subject of more than the small amount of litigation should be converted to a standard two times, according to the general provisions of the summary procedure;

(three) the parties modify claims, such as the change of the litigation request increases the non monetary payment requests, the case in accordance with the applicable conditions of summary procedure, should be turned into treatment according to the general provisions of the summary procedure;

(four) the defendant counterclaim, with simple procedure conditions, in addition to the provisions of the second paragraph of the views of fifth of the cases, the case shall be handled according to general provisions of the summary procedure;

(five) the parties request additional party in the case of the trial, with simple procedures, should be the case for treatment according to the general provisions of the summary procedure.

The case for according to the general provisions of the summary procedure of trial, should the parties interpretation, and making a record for the record. If both parties do not provide new evidence and the case has been heard, without further hearing, but except for the requirement of additional parties.

Article twenty-fourth [to the ordinary procedure case]

Application of small claims procedure trial, the following circumstances, should be converted to ordinary procedure, and formed a collegiate bench, a new trial:

(a) during the hearing of the case, that the facts of the case is complex, the rights and obligations are not clear, more controversial, small claims procedure is not appropriate for;

(two) during the hearing of the case, the emergence of new facts, new evidence, resulting in the case of difficult.

To an ordinary procedure, should according to "Regulations of PRC Civil Procedure Law" article 163rd of the production orders.

Article twenty-fifth [application for retrial]

The parties to a legally effective judgment, ruling procedure, mediation book think is wrong, may apply for a retrial according to the relevant provisions of the "PRC Civil Procedure Law" the procedure for trial supervision.

If the parties apply for retrial, the people's court shall actively guide the interpretation, the parties choose to the people's court for retrial.

The people's court in accordance with the procedure for trial supervision of small claims cases retrial procedure, is no longer applicable, shall be heard according to the procedure of first instance, ruling, ruling, the parties concerned may appeal against the.

Article twenty-sixth [micro amount of litigation standards published]

The Henan Provincial Higher People's court every year according to last year's average wage of staff employment standard issued by the Henan Provincial Bureau of Statistics announced that the lawsuit value standard. The basic people's court since the date of publication of unified standards for the implementation of the new. The Henan Provincial Higher People's court announced that the small amount of litigation is the implementation of standards before last year's standard.

Article twenty-seventh [ruling] appeal

Application of small claims procedure to try a case, make inadmissible, rejected the prosecution and the jurisdiction objection decision, the parties should be allowed to appeal.

Article twenty-eighth [out]

Application of small claims procedure to try a case, the people's court shall urge the parties concerned to immediately perform the judgment, ruling or letter of mediation. In the execution of the program, it shall timely execution.

Article twenty-ninth [costs]

A summary procedure cases small litigation fees by the State Council "means to pay the cost of litigation" to determine the standard.

Article thirtieth [] to strengthen the organization and leadership

The basic people's court should strengthen the small sum litigation work organization and leadership. The basic people's court filing, trial, execution, the judicial administration departments should strengthen communication and coordination, unity of thinking, to make a small case filing, trial, execution, judicial management etc..

Article thirty-first] [Annex

The "guiding opinions" issued since the date of implementation.

Such as the specific views of this "guidance" in the new law, regulations or judicial interpretation inconsistent, with relevant laws, regulations or judicial interpretation shall prevail.