There are funds with each other without lending, and the final judgment of the minor litigation procedure is rejected

【case】

Tian said that he was a friend relationship with Wang. In December last year, Wang borrowed 30,000 yuan from him. Tian transferred to Wang 30,000 yuan through WeChat, but did not issue an IOU, but verbally agreed that Tian must be at any time, and Wang returned at any time. Nowadays, nowadays, they need to ask for money to ask Wang. Wang rejected repayment for various reasons, so he had to resort to the law.

【Hearing】

On July 12, 2022, the court filed a case. On July 21, the court opened a trial of a small litigation procedure in accordance with the law. In the court, Wang argued that the defendant did not borrow from the plaintiff. Because of the partnership of both parties, there were often funds. In December last year, the plaintiff did transfer to him 30,000 yuan, and then divided the plaintiff more than 70,000 yuan to the plaintiff through WeChat, far exceeding the plaintiff's transfer amount, so the court was asked to reject the plaintiff's lawsuit.

【judgment】

On August 8, 2022, after public trials of the Quyang County People's Court, there were multiple transfer situations between the defendants. After the defendant received 30,000 yuan transferred by the plaintiff, the defendant was divided into multiple pens. The amount transferred to the plaintiff has exceeded 30,000 yuan, and the plaintiff did not provide evidence such as the debit to confirm that the two parties borrowed the lending intention, so it could not be confirmed that the case was a loan relationship. Then the court's final judgment rejected the plaintiff Tianmou's lawsuit.

postscript

So, what is a small litigation program? What should I do if I do n’t accept a small lawsuit? In this regard, Chen Shaoyong, a member of the Chinese Law Society and the Shuguang Legal Services Institute of Quyang County, believes that the new Civil Procedure Law will be implemented on January 1, 2022, and the relevant provisions of small litigation procedures have been revised. A small lawsuit procedure refers to in civil lawsuits, the grassroots courts and its sent courts to pay civil cases with clear facts with clear facts, clear rights and obligations, and small controversy, and can apply a simpler trial procedure to implement a final trial.

The advantage of the application of small procedures is that the prosecution method is simplified, the trial time is flexible, the mediation and trial integration, reduce the cost of litigation, and save judicial resources. However, the "first trial" is that the case has a legal effect once the case is judged and cannot appeal to the Intermediate People's Court.

But "no relief is no right." What if the judgment and ruling of minor litigation cases do not accept? According to Article 200 of the Civil Procedure Law, it can apply for retrial from the court of trial. For example, if there are new evidence in the case, the original judgment, ruling, or the basic facts that the original judgment and ruling are identified lack evidence to prove, or the evidence that previously identified the facts is forged, unbroken certification, etc.

(Chen Shaoyong)

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