There are no party remedies for small claims lawsuits

The first instance final trial simplifies the litigation procedures.

Legal analysis: Small claims litigation is a small claims litigation system, which is a system that targets small hidden cases. Small claims cases refer to cases where the case is minor and the amount of the litigation chain is particularly small, and it does not specifically refer to the request for small monetary payment, but also includes the case of a request for substitutes other than monetary payment.

The small claims procedure is limited to a certain amount of money or minor incidents, and according to the procedural jurisprudence of civil disputes, which should be adapted to the type of case, it is different from the ordinary procedure and summary procedure adjudication concepts and strict procedural requirements, and the small claims procedure encourages informal methods to resolve disputes. Drawing on the practical experience of Western countries in the field of small claims litigation procedures over the past decades, we should build an independent small claims litigation system based on national conditions.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 162: Where basic level people's courts and the tribunals dispatched by them hear simple civil cases that meet the requirements of paragraph 1 of article 157 of this Law, and the subject matter is less than 30/100 of the average annual wages of employed persons in each province, autonomous region, or municipality directly under the Central Government in the previous year, the first instance instance is to be finalized.

The Civil Procedure Law stipulates that small claims litigation is applicable to civil litigation cases involving the subject matter of property not exceeding RMB 50,000. Small claims litigation has the characteristics of simplifying procedures, speeding up trials, and reducing costs, making it more suitable for resolving some small claims disputes.

The Civil Procedure Law stipulates that the scope of small claims litigation shall be civil litigation cases involving the subject matter of property not exceeding RMB 50,000. For cases that meet this scope, the small claims procedure can be applied to deal with it, which has the advantages of simplification, speed, and low cost compared with ordinary procedures. The small claims procedure includes pre-mediation and mediation, simplified evidentiary procedures, and appeal against judgments, which can quickly resolve disputes without affecting the quality of the case.

For the jurisdiction of small claims lawsuits, according to the provisions of the Civil Procedure Law, the people's courts at or above the county level can accept the basic section collapse of the floor, and can handle it through simplified procedures. In addition, in small claims proceedings, judges can also use technical means such as ** or online court hearings to improve trial efficiency.

Will the trial period of small claims litigation be shorter than that of ordinary procedures? Compared with ordinary procedures, small claims procedures will shorten the trial period by a certain amount of time because they are simplified and fast. But specifically, it also depends on factors such as the complexity of the case and the efficiency of the local courts.

Small claims litigation is a very practical and beneficial legal system, which can effectively resolve some small claims disputes and provide parties with faster, more convenient and low-cost litigation services. At the same time, however, it is also necessary to pay attention to following the relevant procedures and regulations when applying the small claims procedure to ensure the fairness and legality of the trial.

Legal basis]:

Article 54 of the Civil Procedure Law of the People's Republic of China: In civil litigation cases involving the subject matter of property not exceeding RMB 50,000, the summary procedures may be applied.

According to the provisions of the Civil Procedure Law of the People's Republic of China, the small claims procedure shall be automatically applied to the case within the scope of the specific amount ruled by the court, and the consent of the parties is not required. Therefore, a party may not refuse a small claims action in a closed motion.

Advantages of Small Claims Procedures.

The advantages of small claims litigation procedures lie in the efficiency of litigation, the low cost of litigation, and the convenience of final adjudication in the first instance. It is mainly reflected in the following aspects.

1) The procedure is simple and flexible, such as the use of pleadings, the possibility of oral pleadings, flexible summonses, non-disclosure of evidence, non-working hours**, and the reasons for the failure of the judgment.

2) Judges have greater authority and agency in small claims litigation. For example, in order to quickly discover the truth, the judge may question the parties ex officio and take the initiative to collect evidence; Judgments can be made based on the statements of the parties without the need for strict evidence; The judge can take the initiative to propose a mediation plan, etc.

3) Small claims litigation is efficiency-oriented and aims to resolve disputes at low cost. The Fahui Mitigation Court charges low fees, and at the same time restricts lawyers**, reducing the burden on the parties.

Inadequacy of small claims proceedings.

The shortcomings can not be ignored, mainly reflected in:

1. The scope of small claims litigation is too narrow.

Small claims proceedings are suitable for civil cases that are simple, the facts are clear, and the subject matter is not large. Most of these cases can be mediated, and even if they can't, the judgment will generally not be appealed, let alone reversed or remanded for a new trial, so this kind of case can be said to be of little significance for the application of small claims litigation.

2. Small claims procedures limit the parties' right to appeal.

Article 10 of the Civil Procedure Law stipulates that the people's courts hearing civil cases shall implement the systems of collegiality, recusal, open trial and final adjudication of two instances in accordance with the provisions of law. This means that civil cases in China should give the parties the right to appeal. However, the final trial of the first instance of the small claims procedure deprives the parties of their right to appeal, which is not conducive to the protection of the people's rights.

3. Small claims procedures are prone to abuse of judges' discretion.

Due to the simplicity of the small claims procedure and the lack of specific provisions on the period for presenting evidence and replying, judges have a great deal of arbitrariness in applying the small claims procedure, which is easy to lead to abuse of discretion.

Small claims litigation refers to simple civil cases in which the facts are clear, the relationship between rights and obligations is clear, the controversy is not large, the subject matter is less than 30% of the average annual salary of employees in each province, autonomous region, or municipality directly under the Central Government, and the conditions for applying the simplified procedures are met.

1. What is a small claims lawsuit?

Small claims litigation refers to simple civil cases heard by the basic level people's courts and the tribunals dispatched by them in which the facts are clear, the relationship between rights and obligations is clear, the controversy is not large, the subject matter is less than 30% of the average annual wages of employed persons in the provinces, autonomous regions, and municipalities directly under the Central Government, and the conditions for applying the simplified procedures are met. The procedure for small claims litigation is simpler than the summary procedure, which is convenient for the parties to quickly exercise their right to sue, rationally allocate judicial resources, and save litigation costs. For effective judgment documents, parties, third parties, or persons not involved in the case may provide relief through the trial supervision procedures.

II. What are the circumstances under which the small claims procedure applies? What situations does it not apply to?

If a party chooses a small claims procedure, the case acceptance fee may be reduced by half, and at the same time, the basic level court will expedite the adjudication of small claims cases to shorten the trial period of the case, and generally conclude the trial within one month from the date of filing the case.

The conditions for the application of small claims litigation procedures are simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the dispute is not large, such as the settlement of the sales contract, the dispute over the loan contract, and the dispute over the service contract. Points 1 to 12 below do not apply to small claims proceedings.

1. When the parties file a lawsuit, the whereabouts of the defendant are unknown.

2. The case is to be remanded for retrial.

3. The plaintiff or defendant has a large number of people.

4. The trial supervision procedures are applied to the case.

5. The case involves national interests or social public interests.

6. A third party sues to request that an effective judgment, ruling, or mediation document be changed or revoked.

7. Other cases where it is not appropriate to apply the summary procedures. (Points 1 to 7 are Article 257 of the Judicial Interpretation of the Civil Procedure Law).

8. Involving personal relations and property rights confirmation.

9. Foreign-related civil disputes.

10. Intellectual property rights involved.

11. Disputes that require assessment or appraisal or have objections to the results of pre-litigation assessment and appraisal.

12. Other disputes that are not suitable for the application of the first instance final adjudication. (Points 8 to 12 are Article 275 of the Judicial Interpretation of the Civil Procedure Law).