The Zhejiang Provincial Higher People's court

On the application of small claims procedure issues related to civil cases opinion

 

 

According to the revised civil procedure law stipulates 162nd, put forward the following opinions related issues with the appropriate legal procedures in the trial of civil cases:

Article 1The facts are clear, the rights and obligations clear, less controversial single money payment claim, the amount is lower than the limit standard small cases was announced the subject of civil cases, suitable for small claims procedure.

Article secondA small case litigation limit by the Zhejiang Provincial Higher People's court according to the law of standard regularly published each year.

Released in January 1, 2013, to the Zhejiang Provincial Higher People's court in 2013 small cases standard limit, the province is the trial procedure of civil case amount shall not exceed RMB 14000 yuan.

Article thirdThe following case applicable small proceedings:

(1) the sale contract dispute, dispute, the loan contract leasing contract disputes and contract disputes;

(2) the identity relation clear, only exists controversy in the pays the amount, time of alimony, maintenance, alimony dispute case;

(3) cases of road traffic accident compensation for damages and other personal injury;

(4) the labor relation is clear, only in the dispute of labor remuneration, work-related injury medical expenses, economic compensation or damages payment amount and payment time of labor dispute cases;

(5) the labor relation clear, controversial only payment amount and payment of remuneration on time in the cases of labor disputes;

(6) other facts are clear, the rights and obligations clear monetary payment cases.

The maritime court, on the basis of the Special Maritime Procedure Law the ninety-eighth regulation simple maritime cases, in accordance with the views of the first rule, can appropriate legal proceedings.

Article fourthThe following case is not applicable to small claims procedure:

(1) the defendant is charged One's whereabouts is a mystery., served notice cases;

(2) additional, change the party or the defendant counterclaim after does not comply with the applicable conditions of small claims procedure cases;

(3) the parties append, modify claims after does not comply with the applicable conditions of small claims procedure cases;

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

(5) may be involved in evaluation, the identification of cases;

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

Article fifthTo comply with the applicable procedure and other conditions, but the case amount is above the prescribed criteria, 100000 yuan of the following cases, with the consent of both parties before the hearing, can appropriate legal proceedings.

Article SixthSmall claims cases, the plaintiff may oral proceedings, the people's court shall record and confirmed by the signature, and inform the other party.

The parties concerned may at the same time, to the basic people's court or its dispatched by the people's court, request to resolve disputes. The basic people's court or its dispatched people court can immediately trial.

Article seventhSmall cases without filing a case, but should check the "small claims procedure in the case of process management information system case applicable program options".

Article eighthIn the service of notice of accepting the case or notice to the parties should be clearly informed of the case for small claims procedure, and served on the "small litigation notice".

Article ninthThe party raises objection to the appropriate legal procedures, review by the objection, in accordance with the general summary proceedings or to an ordinary procedure; if the objection is not established, dismissed the objection to the application of the parties, and will be cause for rejection in the record or judgment.

Article tenthThe full interpretation, made it clear that the parties to abandon the respondent and the time limit for adducing evidence, can immediately trial.

The parties expressly not to abandon the respondent or the term of adducing evidence, agreed upon by the parties or the people's court appointed defense period, but generally not more than 7 days, the time limit for adducing evidence is generally not more than 10 days.

Article eleventhCan use the simple way to summon the parties and inform the witnesses to testify in court, 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 transmission technology or audio-visual materials such as witness.

Article twelfthOpen trial, can't at least three days before the announcement of the names of the parties, and session time, place.

Small claims court hearing should be simplified, not by order limit the court investigation, court debate, the final statement and court mediation, but should guarantee the party statement of rights, and the strengthening of the parties litigation guidance.

Article thirteenthThe summons, the parties refuses to appear in court without proper reason, or midway without permission by the court adjourned, does not affect the application of small claims procedure.

Article fourteenthA small case in court according to the circumstances, Party abode, residence or workplace place of trial.

Article fifteenthAfter the case may entrust the people's mediation organization mediation, can the parties in the organization process before the court trial, court mediation, etc.. But if the mediation fails or the parties to the mediation, shall promptly make a decision.

The mediation agreement and the judges after the audit, both parties agree to the mediation agreement by both parties shall be signed or stamped, the mediation agreement legally effective after both parties sign or stamp the date. Small lawsuit mediation can not mediation, but the mediation record shall be stamped copy the original check chapter by the party concerned to save.

Article sixteenthWe should strictly control the small claims procedure conversion to other programs. It is not in accordance with the applicable conditions of the small claims procedure is found during the course of the trial, approved can be converted to other programs. To hear the general summary procedure, should clearly inform the parties; to an ordinary procedure, should according to the civil procedure law stipulates 163rd making rulings.

Article seventeenthA small case judgment can only specify the information, the facts of the case, the main reason points, payment and deadline of performance etc..

Article eighteenthA small case shall generally be the case within one month. A month can not be accepted, approval may be extended to three months.

Article nineteenthSmall claims cases by the people's court for execution by the people's court, the general should be.

Article twentiethThe Party of small amount lawsuits against a legally effective judgment, ruling, can apply for retrial according to law.

Article twenty-firstIn 2013 January 1 has recently for summary trial but the pending cases, according to the general procedure to hear.

The law, judicial interpretation of the new regulations about the small claims procedure, according to the new regulations.