"The implementation of the views of Tianjin Municipal Higher People's Court on the application of small claims procedure related civil cases (for Trial Implementation)"

 

Tianjin high method [2012]270No.

   For the full implementation of the new revised "Civil Procedure Law of the PRC", applicable to small claims procedure actively and steadily, the demand to maximize the satisfaction of the masses of the people, to facilitate people's litigation, the parties to reduce costs, improve the efficiency of the trial, safeguard judicial justice, combining judicial practice I small speed cutting trial court, proposes the following opinions, for the grassroots people's court to enforce:

 

A,On the application of small claims procedure cases is mainly the relationship between the facts are clear, the rights and obligations are clear, disputeNot, subject to the city last year, the annual average wage of employees below thirty percent of the payment of money case.

(a) for small claims procedure types of cases:

1, contract disputes, disputes, the loan contract leasing contract disputes;

2, the telecom service contracts and property services contract dispute case;

3, for the supply of water, electricity, gas, heating contract dispute case;

4, the bank card dispute case;

5, the identity relation clear, only exists controversy in the pays the amount, time of alimony, maintenance, alimony case;

6, clear responsibility, the responsibility of traffic accident of motor vehicle disputes disputes the claim of the plaintiff loss amount determination and other personal injury;

7, labor relations, labor contract dispute cases controversial only payment amount and payment at the time of labor remuneration, work-related injury medical expenses, economic compensation or damages cases;

8, labor relations, labor contract dispute cases only controversial in the labor remuneration payment amount and payment in time.

9 other cases, the payment of money.

The following case is not applicable to small claims procedure:

1,Involving personal relationship disputes, property rights disputes;

2,The additional party or to file a counterclaim cases;

3,One's whereabouts is a mystery. need a party publication service case;

4,IP related cases;

5,Foreign, Hong Kong and Macao cases;

6,The other is not suitable for the case of small claims procedure.

(two) for the case of small claims procedure of litigation:

In my city town unit 2012 year annual average wage employment amount before the announcement, according to published my town unit 2011 Annual employment per capita labor compensation 58635 yuan thirty percent to determine the application of small claims procedure cases in litigation, the litigation of 17590 yuan in the above article (a) small claims procedure for the payment of money in case.

Our staff in urban units employment 2012 year average annual salary after the announcement of the amount in 2012, according to the standard calculation. After a year and so on.

In 2013 January 1 has recently for summary trial but not yet been concluded in accordance with the trial procedure of civil procedure law case, implementation in the new revision should apply summary procedure after the trial continues.

Two, on the application of small claims procedure determination and interpretation

1, the basic people's courts shall jot lawsuit special publicity column is arranged in the registration hall or litigation service center, placing the small claims procedure guidelines, legislative purpose and significance of the extensive publicity of small claims procedure.

2, the people's court in accordance with the applicable procedure conditions of the cases to the parties, should in general be prosecuted materials within three days from the date of filing a case, and the parties "interpretation, while sending small claims notification".

3, applicable to small claims procedure cases, still according to the present case number sequence case number. But the undertaker closed should be "comprehensive" system "or" information "to fill in the application of small claims procedure" (the new data item).

4, applicable to small claims procedure cases, should generally be in the case that transfer the case to the relevant court, no later than two working days.

5, the case of small claims procedure is accepted by the people's Court of jurisdiction objection, the people's court shall examine the objection is established, and according to the corresponding rule. The party is dissatisfied with the ruling, may appeal.

6, party raises objection to the application procedure, the people's court shall examine the objection, if agreed by the newspaper, President, will handle cases to which summary procedure is applied in the general provisions; if the objection is not established, oral informed of their objection can not be established, and shall record.

Three, hearing problems on the application of small claims procedure cases

1, applicable to small claims procedure shall be made by the trial of civil cases, trial, the trial experienced service quality comprehensive a single judge.

2, applicable to small claims procedure to hear the case, the people's court may take simple method and the parties with specific written material, but to notify the parties concerned sessional time, place should have to notify the parties concerned in the volume has been.

3, appropriate legal proceedings to the people's court case, inform the parties to abandon the respondent and the burden of legal consequences the parties expressly waived, can direct trial.

If the parties do not give up the defense period, the people's court may be shortened to 7 days.

If the parties do not give up the time limit for adducing evidence, to be agreed by the parties themselves or designated by the people's court shall not exceed 10 days of time limit for adducing evidence.

For the parties to apply for extension of time limit for adducing evidence, the people's court may have legitimate reasons to decide whether to grant.

4, applicable to small claims procedure to hear the case, can not be before the court notice, the trial process may not be subject to precedence constraints court inquiry and debate, the final statement, the court mediation, choice by the judge according to the needs of the case, as far as possible to simplify the litigation unnecessary links. Strive to do a session, the court trial, the court judgment is served by.

5, applicable to small claims procedure to hear the case, can according to the application of the parties and the people's court agreed, was sitting in the evening, rest days or holidays, can also be hearing to the work site, domicile or the dispute to.

6, applicable to small claims procedure to hear the case, should adhere to the "giving priority to mediation, the combination of transfer negotiations" principle, as far as possible to the mediation by court, the trial court before, after the link guide, organize the parties. Mediation, court mediation shall record or mediation, the court served. A payment, and can perform the court mediation, should record and executed. If the mediation fails, should be timely to make decision and judgment.

Four, about the small claims procedure of the trial period and transformation towards other programs

1, applicable to small claims procedure to try a case, the general should be placed on file within one month of the date.

2, applicable to small claims procedure to try a case, because the parties apply for extension of proof, parties request reason to mediation leads to a month can not be accepted, approved by the president, may extend the time limit to three months.

3, applicable to small claims procedure to try a case, should be transformed into other procedures for strict control of. If the following conditions, should be in accordance with the summary procedure cases to general rules or the ordinary procedure:

(1) the litigant request increase in the case of the trial, the subject of litigation over standard;

(2) the parties in the case of the trial raises a counter claim or request for additional parties;

(3) after the trial found that the parties involved personal relationship disputes, property rights disputes and other disputes outside of the payment of money, the case is complex, small claims procedure is not appropriate for.

The case is handled in accordance with the general provisions of the summary procedure, should be approved, and the parties to the interpretation, in the record filing. If the parties have not provided new evidence and the case has been heard, without further hearing.

The case to apply the ordinary procedure of trial, shall be approved by the Dean, the written ruling to the ordinary procedure. And the organization of the collegial panel, the re trial, went on trial.

Five, about the small claims procedure judgment problem

1, applicable to small claims procedure can be simplified to hear a case, judicial documents, records the names of the parties, only in the judgment, the facts of the case, the basic reason points, payment and deadline.

2, the high court, combined with the characteristics of a small case style part, making legal documents applicable to cases of small claims procedure, the grassroots people's court can be combined with the specific circumstances of the case to use.

Six, on the application of small claims procedure of retrial problem

1, the parties may apply for the small claims procedure trial judges, should be resolved through the application for retrial way.

2, the parties to apply for a retrial, the people's court shall actively guide through interpretation, etc., to guide the parties to the people's court for retrial.

The implementation of the guidance problem, about seven

This guidance shall be implemented as of January 1, 2013. Since then, the Supreme People's court, such as the introduction of the new judicial interpretation, in accordance with the judicial interpretation of the Supreme Court execution.

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