Summary procedure trial, what is summary procedure trial

"Summary procedures" refers to the first-instance trial procedures that are relatively simplified than ordinary procedures applied by basic level people's courts in hearing certain criminal cases where the facts are clear, the circumstances are simple, and the crimes are minor.

In cases within the jurisdiction of the people's courts, where the following conditions are met, summary procedures may be applied to trial: (1) the facts of the case are clear and the evidence is sufficient; (2) The defendant admits the crime he committed and has no objections to the facts of the crime as charged; (3) The defendant has no objection to the application of the simplified procedures.

In any of the following circumstances, the summary procedures are not to be applied: (1) the defendant is blind, deaf, or mute, or is a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior; (2) There is a major social impact; (3) In cases of joint crimes, some of the defendants do not admit guilt or have objections to the application of the summary procedures; (4) Other situations where it is not appropriate to apply the simplified procedures at trial. Legal basis:

Article 214 of the Criminal Procedure Law, where the following conditions are met, summary procedures may be applied to cases within the jurisdiction of basic level people's courts: (1) the facts of the case are clear and the evidence is sufficient; (2) The defendant admits the crime he committed and has no objections to the facts of the crime as charged; (3) The defendant has no objection to the application of the simplified procedures. When the people's procuratorate initiates a public prosecution, it may recommend that the people's court apply the summary procedures.

What is the difference between a summary procedure and an ordinary procedure for suing for divorce.

1. People's courts applying summary procedures. It can only be the basic level people's court and its dispatched courts, which include both permanently established people's courtrooms and temporarily dispatched courts to facilitate the trial of cases;

2. The trial level of the application of the summary procedure. It can only be applied to the people's courts hearing first-instance civil cases;

3. Cases that are suitable for this use of summary procedures. It can only be a simple civil case where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large. Among them, clear facts mean that the parties have basically the same statement of facts on the dispute, and can provide reliable evidence, and the facts can be ascertained without the need for the people's court to investigate and collect evidence; The relationship between rights and obligations is clear, which means who is the bearer of responsibility and who is the holder of rights. Minor controversy refers to the unprincipled disagreement between the parties on the rights and wrongs of the case, responsibilities and the subject matter of the litigation;

4. In civil cases tried by basic level people's courts applying the ordinary procedures of the first instance, where the parties voluntarily choose to apply the simplified procedures, and upon review and consent of the people's courts, the simplified procedures may be applied for trial. People's courts must not violate the principle of the parties' voluntariness by converting ordinary procedures into Lao Zhixun's summary procedures.

Legal basis:Article 161 of the Civil Procedure Law of the People's Republic of China.

In simple civil cases, the plaintiff may sue orally. Both parties may simultaneously go to the basic level people's court or the court dispatched by it to request a settlement of the dispute. The basic level people's court or the court it dispatched may hear the case immediately, or it may set another date for trial.

The cases subject to the summary procedure are simple civil cases in which the facts are clear and the controversy is not large. Summary procedure is a type of litigation procedure applied by basic people's courts to hear simple civil cases, and the time limit for handling them is three months. **Generally, between one month and two months after the case is filed, and the majority of judgments and judgments are received between two months and three months after the case is filed.

According to the relevant laws and regulations, the people's courts may conduct trial of simple civil cases through summary procedures where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large. In cases with summary procedures, the procedures are simple, and both parties may simultaneously go to the people's court or its dispatched court to request a resolution of the dispute. Depending on the specific circumstances of the case, the court or its dispatched court may choose whether to hear it immediately or at an elective date.

The trial procedures are simple, there is no need to strictly follow the procedures of the ordinary procedures, the trial is completed within 3 months from the day after the case is filed, and must not be extended, and the court of first instance shall make a judgment within the time limit given. After the people's court makes the judgment public, it will serve the judgment on both parties. The time for the delivery of the judgment is determined on the basis of the circumstances of service, the circumstances of the case, and so forth, and is generally to be served within 10 days of the judgment being announced in court.

The methods of service of judgments are: service by lien, direct service, entrusted service, service by mail, and service by announcement. The most common method of service is direct service, and the people's court will send a special person to deliver the litigation documents directly to the person to be served.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 157:The provisions of this chapter apply to basic level people's courts and the tribunals they dispatch to hear simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large.

Legal Analysis] Civil summary procedures refer to the simple trial procedures adopted for civil cases where the facts are clear, the evidence is sufficient, the relationship between rights and obligations is clear, and the controversy is not large. Because the facts of the case are relatively simple and the contradictions are relatively small, there is no need to adopt a complete litigation procedure, which wastes both judicial resources and the time of the parties. Generally speaking, the civil summary procedure will be concluded within 3 months, and if you want to negotiate an extension, it will only be completed within 6 months, which is a very short time.

Legal basis] Civil Procedure Law of the People's Republic of China Article 157: The fact that the facts in a simple civil case are clear means that the parties are basically consistent in their statements about the facts in dispute, and can provide corresponding evidence, and the facts can be ascertained without the need for the people's court to investigate and collect evidence; The relationship between rights and obligations clearly refers to the ability to clearly distinguish who is the bearer of responsibility and who is the holder of rights; Minor dispute refers to the unprincipled disagreement between the parties on the merits of the case, the assumption of responsibility, and the dispute over the subject matter of the litigation.

The dispatched divisions of basic level courts are summary procedure trial cases for civil cases where the facts are clear, the evidence is sufficient, the relationship between rights and obligations is clear, and the controversy is not great.

In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it; Where a sentence of more than three years imprisonment might be given, it may be extended to one and a half months.

The details are as follows: 1. The adoption of summary procedures is conducive to improving litigation efficiency, saving time in handling cases, and reducing the burden on the parties, which is in line with the trend of reform and development of the modern litigation system;

2. The summary procedure simplifies the procedures for courtroom investigation and courtroom debate, and is not subject to the restrictions of the ordinary procedures on the time limit for service, interrogation of the defendant, questioning of witnesses, evaluators, presentation of evidence in case of vacancy, and courtroom debate procedures, but the defendant's final statement must be heard before the verdict.

Legal basis:

Civil Procedure Law of the People's Republic of China

Article 39: People's courts hearing first-instance civil cases are to jointly form a collegial panel with adjudicators and jurors, or a collegial panel with adjudicators. The number of members of the collegial panel must be an odd number.

In civil cases applying the summary procedures, a single adjudicator is to hear the case.

1) Where the parties have no dispute and meet the requirements of the supervision procedures, they may be transferred to the supervision procedures;

2) If mediation can be made before, mediation shall be adopted to resolve the dispute in a timely manner;

3) Determine the application of the simplified procedures or ordinary procedures on the basis of the careful handling of the case;

4) Where it is necessary to conduct a trial, clarify the focus of the dispute by requiring the parties to exchange evidence. Article 157:The provisions of this chapter apply to basic level people's courts and the tribunals they dispatch to hear simple civil cases in which the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large.

Basic level people's courts and the tribunals they dispatch to hear civil cases other than those provided for in the preceding paragraph may also agree to apply the simplified procedures.