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Henan Province small claims litigation amount standards

Small claims litigation is applicable to civil cases, and litigation fees are charged on a case-by-case basis, 10 yuan per case. If the case is settled through mediation or the parties apply to withdraw the case, submission will be waived. The development of small claims litigation should be based on simplifying civil litigation procedures, hearing small claims fairly and efficiently, reducing the burden of litigation for the parties, promptly safeguarding the legitimate rights and interests of the parties, quickly stabilizing civil relations, and promoting social harmony. Small claims litigation is applicable to simple monetary payment cases where the parties have clear litigation facts, clear rights and obligations, minor disputes, and the disputed amount is less than RMB 50,000.

The standards for the subject amount of small claims litigation are as follows:

(1) If the subject amount of the case is less than 50% of the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the applicable Procedural trial of small claims litigation;

(2) If the subject amount of the case exceeds 50% but is less than twice the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the parties may also agree Small claims proceedings apply.

The basic people's courts and the tribunals dispatched by them hear simple civil cases of monetary payment with clear facts, clear rights and obligations, and little controversy. The subject amount is 100% of the average annual salary of employees in each province, autonomous region, and municipality in the previous year. If the split is less than 50%, the small claims procedure shall be applied and the first instance shall be final. If the basic people's courts and the courts dispatched by them hear civil cases specified in the preceding paragraph, and the subject amount exceeds 50% but is less than twice the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the parties may also agree to apply the small litigation procedures.

The applicable conditions for small claims litigation are as follows:

1. It must be a simple civil case. Small claims litigation procedures are only applicable to simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the disputes are not major;

2. The subject amount of the case must meet the standards stipulated by law. Drawing on the legislative experience of various countries, our country also uses the subject amount of the case as the applicable condition for small claims litigation procedures;

3. Small claims litigation is applicable to sales contracts, lease contracts, service contracts, etc., involving personal relationships and property rights. Small claims litigation is not applicable to disputes related to relationships, intellectual property rights and counterclaims filed by the parties.

Legal basis:

Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid according to the following standards: (1) In property cases, according to the amount or value of the litigation claim, The cumulative payment is based on the following proportions: 1. For items not exceeding 10,000 yuan, 50 yuan is paid for each item; 2. For the portion exceeding 10,000 yuan to 100,000 yuan, 2.5% is paid; 3. for items exceeding 100,000 yuan to 200,000 yuan The portion exceeding RMB 200,000 to RMB 500,000 shall be paid at 2%; 4. The portion exceeding RMB 200,000 to RMB 500,000 shall be paid at the rate of 1.5%; 5. The portion exceeding RMB 500,000 to RMB 1 million shall be paid at the rate of 1%; 6. The portion exceeding RMB 1 million shall be paid at the rate of 1%. 0.9% for the portion exceeding 2 million yuan to 2 million yuan; 7. 0.8% for the portion exceeding 2 million yuan to 5 million yuan; 8. 0.7% for the portion exceeding 5 million yuan to 10 million yuan; 9 .For the portion exceeding 10 million yuan to 20 million yuan, 0.6% shall be paid; 10. For the portion exceeding 20 million yuan, 0.5% shall be paid. (2) Non-property cases are paid according to the following standards: 1. Divorce cases are charged 50 yuan to 300 yuan per case. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid. 2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to compensation for damages, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid. 3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case. (3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan shall be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases. (4) 10 yuan is required for each labor dispute case.

(5) Administrative cases shall be paid according to the following standards: 1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each; 2. Other administrative cases shall be paid 50 yuan each. (6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the scope specified in items (2), (3), and (6) of this article based on local actual conditions.