Small claims procedure means that in civil litigation, grass-roots courts and their dispatched courts try civil cases with clear facts, clear rights and obligations, little controversy, and the amount of the subject matter is less than 50% of the average annual salary of employees in various provinces, autonomous regions and municipalities directly under the Central Government. Simple trial procedures can be applied, and the first instance and the final instance can be implemented.

Second, the benefits of small claims procedure

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The program is relatively simple and flexible.

The simplicity of small claims procedure runs through all aspects of litigation activities. The way of prosecution is simplified, and the prosecution and defense can be carried out orally without complicated pre-trial preparation procedures; The court session is flexible and both parties can discuss it; Mediation and trial are integrated, and judges both try and mediate in the trial.

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The trial process is simple.

Small claims procedure has a flexible trial process, which is tried by a judge alone, simplifying the evidence investigation procedure and even eliminating the need for court transcripts. The formal requirements of the judgment are low, and it is only necessary to announce the results to both parties without explaining the reasons for the judgment.

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Low trial cost

Small claims procedure maximizes the benefit of resource allocation, which not only reduces the operating costs of court personnel and facilities paid by the state, but also greatly reduces the litigation costs such as the time, energy and corresponding expenses spent by the parties participating in the proceedings.

Third, the application of small claims.

First of all, the application for small claims must be a simple civil case, and there is no principled disagreement on the dispute over right and wrong, responsibility and litigation object in the case; Moreover, the amount of the subject matter of the case must meet the standards prescribed by law, and the amount of the subject matter shall not exceed 50% of the average annual salary of employees in each province in the previous year. More than 50% but less than 200% people can agree to apply the small claims procedure. The relevant provisions of this law on the specific application of small claims are as follows:

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The following cases of money payment shall be tried by small-sum proceedings:

Disputes over sales contracts, loan contracts and lease contracts;

Alimony, child care and alimony disputes with clear identity, which are only controversial in terms of amount, time and payment method;

Traffic accident damages and other personal injury compensation disputes with clear responsibilities and only disputes over the amount, time and payment method;

Disputes over water, electricity, gas and heat supply contracts;

Bank card disputes; Labor contract disputes with clear labor relations and only disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or the amount, time and method of compensation payment;

The labor relationship is clear, and the labor contract dispute only exists in the amount, time and payment method of labor remuneration;

Disputes over service contracts such as property and telecommunications;

Other payment disputes.

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The following cases are not applicable to small claims:

Personal relationship and property confirmation cases;

Foreign-related cases; Disputes that need appraisal or have objections to the appraisal results before litigation;

A case in which the whereabouts of one party is unknown;

Cases in which the parties file counterclaims;

Other circumstances that are not suitable for small claims.

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