Civil litigation refers to the procedures and systems in which parties to a civil dispute submit litigation claims to the people's courts, and the people's courts, with the participation of both parties and other litigation participants, hear and adjudicate civil disputes in accordance with law.
Netizen consultation:
Which cases are subject to the summary procedure in civil prosecution?
Lawyer answers:
The basic level people's courts and the tribunals dispatched by them apply the summary procedures to hear simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large.
The fact that the facts in a simple civil case are clear means that the parties have basically the same statement of 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 summary procedure is not applicable in the following cases:
1) The defendant's whereabouts are unknown at the time of the indictment;
2) Remand for retrial;
3) The number of parties is large;
4) Applying the trial supervision procedures;
5) Involving the national interest or the societal public interest;
6) A third party files a lawsuit requesting that an effective judgment, ruling, or mediation document be modified or revoked;
7) Other cases where it is not appropriate to apply the summary procedures.
Lawyer adds:
Basic level people's courts and the tribunals dispatched by them hear simple civil cases of monetary payment where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large, and the subject matter is less than 50 percent of the average annual wages of employed persons in each province, autonomous region, or municipality directly under the Central Government, the procedures for small claims litigation shall be applied to the trial, and the first-instance final trial shall be implemented. Where the basic level people's courts and the tribunals dispatched by them hear civil cases provided for in the preceding paragraph, where the subject matter exceeds 50 percent but is less than 2 times the average annual wage of employed persons in each province, autonomous region, or municipality directly under the Central Government, the parties may also agree to apply the procedures for small claims litigation.
Legal basis] Civil Procedure Law
Article 160: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.
Basic level people's courts and tribunals dispatched by them hear civil cases other than those provided for in the preceding paragraph, and the parties may also agree to apply the summary procedures.
Lawyer Wang Aixia is profiled
Lawyer Wang Aixia, female, born in 1978, is the founder and director of Guangdong Yueyuan Law Firm. He has been a full-time lawyer for more than 10 years, specializing in financing and borrowing, civil and commercial contract disputes, marriage and inheritance, and disposal of non-performing assets. Adhering to the practice philosophy: to be a thoughtful lawyer and make the rule of law a belief.