Frequently Asked Questions Answers of Small Litigation Procedures ｜ Optimize the business environmen

Starting on January 1, 2022, the new Civil Procedure Law began to implement. As one of the focus of this revision, the small litigation procedures have a new institutional highlight.

Today, on the few common issues that everyone cares about in the small litigation procedures, the Internet of the Internet invites the Beijing High Court to check and prompts you one by one.

1

What is a small litigation program?

Answer: Small litigation procedures, as the name suggests, are a simple and fast litigation procedure that targets less interests and interests. It is a civil case that is paid by the grassroots courts and sent courts for simple money to meet certain conditions. Simplified litigation procedures.

Small litigation procedures are simple procedures, but the procedures are more flexible, and the trial is easier and faster. It is different from the general simple procedure case trial. The small litigation procedure implements the final trial of the first instance, that is, the first trial of the referee documents will take effect. From 2020 to 2021, the Beijing court applied for 113,500 cases of small litigation procedures, and the applicable rate of small litigation procedures was 18.62 %, an increase of 17 percentage points from the initial stage of the pilot; It takes 27 days.

2

Why do small litigation procedures specifically set up?

Answer: As an important part of a small litigation procedure as deepening the reform of the litigation system and the promotion of civil litigation procedures, it reflects important institutional value and superiority. On the one hand, small litigation procedures have greatly reduced the cost, energy, and expenses of the parties to participate in the litigation procedures. On the other hand, it also effectively reduces the cost of litigation procedures, such as court personnel, facilities, etc. of the state's expenditure. Therefore, small litigation procedures can maximize the benefits of the distribution of trial resources, and meet the needs of the diversified and differentiated disputes of the people, so as to help better realize the fairness and efficiency of judicial justice.

3

What are the trial characteristics of small litigation procedures?

Answer: There are four main characteristics.

The first is the final trial. Small lawsuits are applicable to the final trial system, that is, the court referee, which includes the ruling of jurisdictions, will take effect once it is made.

The second is the exclusive trial. As a simple procedure, the small litigation procedure is heated by the judge.

The third is the simple program. Small procedures are easier in terms of proof defense, trial judgment, and document production. The defense of proof is easier: the proof period of a small lawsuit case can be determined by the people's court, or the parties can be negotiated and approved by the people's court, but generally does not exceed seven days. If the defendant requests a written defense, the people's court can reasonably determine the defense on the basis of obtaining its consent, but the longest must not exceed 15 days. For the parties who said that they did not require the period of proof and the defense period, the people's court may open the trial immediately. The trial is easier to make a trial: the trial of the small litigation procedure can be concluded at one time and the court can be sentenced. The production of documents is easier: the referee documents of a small lawsuit can be simplified, which mainly records the basic information, litigation requests, and referee documents of the parties.

The fourth is that the time limit is short. The people's court's procedure for a small lawsuit should be tried within two months from the date of the case. If there are special circumstances, it needs to be extended, and it can be extended for one month after approval.

4

Which cases can apply small litigation procedures?

Answer: According to Article 165 of the Civil Procedure Law, civil cases that meet the following conditions, apply small litigation procedures:

1) Civil cases of the Grassroots People's Court and its dispatched court trial;

2) Money payment case;

3) The case is simple, the facts are clear, the relationship between rights and obligations is clear, and the controversy is not great;

4) The target amount is the average annual salary of employment in each province, autonomous region, and municipality of the year.

In addition, for other conditions in accordance with the aforementioned conditions, the target amount exceeds the average annual salary of employment in the previous year of the provinces, autonomous regions, and municipalities.

5

What is the target of the small litigation procedure in the Beijing court?

Answer: According to the law, the average annual salary of the "provinces, autonomous regions, and municipalities in the previous year" referred to the average salary of the annual employment of employment in the provinces, autonomous regions, and municipalities that have been announced in the previous year. Before the annual average salary of employment personnel in the previous year, the average annual salary of the recent annual employment was announced.

At present, the grassroots courts of Beijing and its dispatch courts have determined the limits of small litigation at the standard of RMB 112 886 for the average salary of RMB 112 886 in the city's full -caliber urban unit. That is, the court applied for a small amount of litigation procedures for the simple money paying civil case with a simple money paying for the simple money below RMB 56 443 (including the current number). The parties may agree on a small litigation procedure.

6

Which disputes cannot be applied to small litigation procedures?

Answer: According to Article 166 of the Civil Procedure Law, the following is not a controversial civil case that does not belong to the money payment or the facts of the case.

1) Cases of personal relationships and property confirmation;

2) Foreign -related cases;

3) Cases that need to be evaluated, identified or have objections to the results of pre -complaints and appraisal results; 4) Cases of the parties where the parties are unknown;

5) Cases of counterclaims raised by the parties;

6) For other procedures that should not apply for small proceedings.

7

Under what circumstances cannot continue to apply small litigation procedures?

Answer: According to Article 169 of the Civil Procedure Law, if the court finds that the case is not suitable for small procedures during the trial process, such as the party's application for adding or changing lawsuits, counterclaims, and additional parties, etc., the case no longer meets the case. In the case of small lawsuits, the court stopped the application of small litigation procedures in accordance with the case situation and converted to other regulations on the application of simple procedures, or applicable to ordinary procedures. It should be noted that if the parties to the case have objections to the applicable trial of small litigation procedures, they should be proposed before the trial. After the court review, if the objection is established, other provisions of the simple procedure are applied or converted into ordinary procedures;

The above is our answer to the common questions of small litigation procedures. I hope it will be helpful to you. In the next step, the Beijing Court will continue to promote the application of small litigation procedures in accordance with the law, increase the guidance of the parties to choose the application of small litigation procedures, speed up the handling of small lawsuits cases, and resolve the marketization of service marketization with high -quality and efficient disputes. Chemical business environment.

Supply: Beijing High Court Supervision Office

Edit: Yao Rihui

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