Is the 30,000 yuan economic dispute a large amount?

Updated on society 2024-06-11
5 answers
  1. Anonymous users2024-02-11

    Generally speaking, an economic dispute of 30,000 yuan does not belong to a large-amount economic dispute, because in law, a large amount of money refers to those cases where the amount grade is not common (for example, the case generally involves hundreds or thousands, and suddenly a case of tens of thousands of dollars is a large-amount dispute), and the difference for the court is whether the case can use the summary procedure, if it can, it is not, and vice versa.

    Cases where summary procedure applies:

    In simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large, the provisions on summary procedures apply.

    In accordance with the relevant provisions of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law, the following cases may be tried using the summary procedures:

    1. Divorce cases where the marriage time is short and the property dispute is not large, or the divorce cases in which the parties suffer from diseases that are not allowed to marry by law before marriage.

    2. The relationship between rights and obligations is clear, but there is only a dispute over the time and amount of alimony, alimony and child support.

    3. Cases in which the adoption or custody relationship is confirmed or changed, and the two parties have little dispute.

    4. Debt cases with clear loan relationship, sufficient evidence and small amount.

    5. Inheritance cases where the scope of inheritance and heirs is clear and the amount of the estate in dispute is not large.

    6. Damages cases where the facts are clear, the responsibilities are clear, and the amount of compensation is not large.

    7. Other cases where the facts are clear, the circumstances are simple, the right and wrong are clear, the focus of the dispute is clear, and the amount in dispute is not large.

  2. Anonymous users2024-02-10

    Personally, I believe that the amount of economic disputes mainly depends on whether the cost of resolving the problem through litigation is higher than the amount of the dispute. There are litigation costs for the court to take on this kind of case, and you also need to pay a fee for hiring a lawyer. If these costs add up to more than the amount of the land, it will be more than worth the cost.

  3. Anonymous users2024-02-09

    It shouldn't belong, I don't know much about it.

  4. Anonymous users2024-02-08

    In order to facilitate the timely resolution of contradictions and disputes and improve the efficiency of litigation, the draft provides for a small claims litigation system. There is a threshold for small claims litigation in the first instance and final trial. In the first-instance draft, this threshold was set at 5,000 yuan, and the second-instance draft raised this threshold to 10,000 yuan.

    The draft for the third review of the trial revised the threshold of "one size fits all" to less than 30 percent of the average annual wage of employed persons in all provinces, autonomous regions, and municipalities directly under the Central Government in the previous year.

    It is difficult to say that there is any specific relationship between the two, because the amount involved may be equal to or less than the subject amount. For example, A and B sign a sales contract, A buys B and sells, and the total contract amount is 20,000 yuan. Later, A paid the money and B did not deliver the goods in breach of contract, and A sued B and requested compensation of 20,000 yuan, in which case the 20,000 yuan was the subject matter of the case and the amount involved.

    Another example: A buys goods for production, B does not deliver the goods, causing other losses of A, A asks for compensation of 100,000 yuan, and the court only awards 80,000 yuan. In this case, 100,000 yuan is the subject amount, and the actual amount generated is only 80,000 yuan, that is, the amount involved in the case.

    1. What is the amount of the subject matter of the litigation.

    The subject matter refers to the subject matter, that is, the object to which the rights and obligations of both parties are directed. Goods, money, and obligations can be the subject matter of a contract. The subject amount is also the value of the items in the case, the amount of money.

    2. How to calculate the target amount.

    In the event that both or one of the parties fails to perform their contractual obligations, and a dispute arises and the lawsuit is filed with the Court, if the parties expressly request full performance of the contract in their claims, the total amount of the contract plus the amount of other claims shall be used as the amount of the subject matter of the litigation, and if the parties request to terminate the contract in the litigation claims, the amount of the subject matter of the litigation shall be determined by the amount of the specific litigation claims.

    3. The difference between the amount of the subject matter of the litigation and the amount of the contract.

    The contract amount refers to the total transaction amount of the pre-sold commercial housing that has been registered and filed with the municipal and county real estate management departments during the reporting period. It also refers to the amount stipulated in the contracts signed by China's foreign contracted labor service enterprises with foreign investors to carry out foreign contracted projects, foreign labor service cooperation and foreign design consulting business, and its caliber is the same as the number of contracts.

    The amount of the subject matter involved in the case generally refers to the amount of property and value of the litigation claim.

    4. The relationship between the amount involved in the case and the amount of the subject matter of the litigation.

    The amount involved refers to the amount of money directly or indirectly related to the case; Generally used in legal documents, it refers to the value of property generated in an actual case.

    The amount of the subject matter involved in the case generally refers to the amount of property and value of the litigation claim.

  5. Anonymous users2024-02-07

    Legal analysis: In the event of an economic dispute, there are three main ways to deal with it: 1. The two parties shall negotiate and deal with it.

    2. Sue with the court in accordance with the law, and resolve the dispute through the pure key method of court litigation. 3. If an arbitration agreement is signed, the applicant shall apply to the corresponding arbitration commission for arbitration. Economic disputes, also known as economic disputes, refer to social disputes between equal subjects with economic rights and obligations as their content.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them due to property relations and personal training relationships.

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