The new civil procedure of small sum litigation


On the basis of the small claims court issued the "implementation opinions",To make clearTheThe scope of application of the case.

Application of small claims procedure cases is mainly facts are clear, the rights and obligations are clear, less controversial, bid for the city last year, the annual average wage of employees below thirty percent of the payment of money case, and the nine types of cases for small claims procedure and does not apply to small claims procedure in six cases.(Tianjin City Court people a court judge Liu Li said,Because of Tianjin city2012Year on year average annual wage employment without publicity, so now the reference Tianjin city2011Years of employment year of average wage standard, the annual income58635Element*30%=17950Yuan, this standard is bounded.)

Small litigation scope:

The facts are clear, the rights and obligations clear, less controversial, bid for the city last year, the annual average wage of employees below thirty percent of the payment of money case, mainly in the following9In such cases:

1The sale, loan, lease contract dispute

2Telecom dispute

3Property disputes

4The identity relation clear, payment amount, payment time is not reached agreement on the maintenance fee, maintenance, alimony case

5The claim is clear, and the responsibility of traffic accident cases

6Water, electricity, heat, gas contract dispute case

7Bank card dispute case

8Labor, labor relations clear, only the dispute exists in working time, labor remuneration on the case

9Other cases

Not applicable to small claims cases:

1Relates to cases of personal relation

2Property rights cases

3To add the case

4The defendant One's whereabouts is a mystery., relates to the service difficult cases

5Intellectual property cases involving Hong Kong and Macao

6Other cases


"The main content.":  

A suitable case scope is clear. Apply small claims procedure cases is mainly the relationship between the facts are clear, the rights and obligations are clear, less controversial, bid for the city last year, the annual average wage of employees below thirty percent of the payment of money case, and the nine types of cases for small claims procedure and does not apply to small claims procedure in six cases.

Two is the standard case acceptance procedure. The provisions in accordance with the applicable conditions of small claims court in litigation cases received within three days after filing materials directly, and the parties issued "notice" procedure. The party raises objection to the application procedure, the court shall examine the objection, such as, the case to apply summary procedure of general provisions.

Three is to optimize the mode of trial. Provisions in the summon the parties concerned, determine the defense period and the time limit for adducing evidence, to take a more simple way. The trial process may not be subject to precedence constraints court inquiry and debate, the final statement, the court mediation, the case is simplified as much as possible unnecessary links, and strive to do a session, the court verdict, the court judgment is served by.

The four is to shorten the time limit. The small procedure time limit for a month, if the trial over parties in the litigation request to increase in litigation, the parties prescribed standard counterclaim or additional party and the complexity of the case is not appropriate for that trial procedure, reported the approval to handle general according to the provisions of the summary procedure, or the examination and approval of Dean ruled to the ordinary procedure.

Five is the unification of legal document. Based on standard, the principle of high efficiency, high court made applicable to cases of small claims procedure of civil judgments, civil mediation, to approve the withdrawal of civil ruling, small claims notification and other legal documents for reference use style, district court.

Six is a clear way of relief. The parties believe that the small cases is wrong, the people's court shall guide the choice to the people's court for retrial.