1. Special procedures are cases that are tried according to special procedures after confirming certain legal facts; 2. Due to the application of the applicant or the prosecution of the prosecutor; 3. Execute the first trial; 4. Judicial institutions shall, in principle, adopt an exclusive system to hear cases; 5. The trial supervision procedure is not applicable; 6. The case closing cycle is short; 7. Free of legal fees. According to the provisions of Article 160 of the Civil Procedure Law, the cases to be tried by special procedures specifically include: cases of voter qualification, cases of declaring citizens missing, cases of declaring citizens dead, cases of identifying citizens without civil capacity, cases of identifying citizens with limited civil capacity and cases of identifying property without owners. In addition, according to the provisions of the General Principles of the Civil Law, cases of appointing or revoking guardianship are also non-litigation cases in nature, and the people's courts should try such cases in accordance with the relevant provisions of special procedures.
Legal objectivity:
1. What are the characteristics of summary procedure in civil procedure? 1. The mode of prosecution is simple, and the parties can sue orally; 2. The acceptance procedure is simple. Both parties can go to the grass-roots court or its dispatched court at the same time to request the settlement of the dispute, and the court or its dispatched court can hear the case immediately or on another day; 3. The summoning method is simple. The court can summon and notify the parties and witnesses in a simple way, without requiring the form of summons or notification; 4. The trial organization is simple, and the trial is conducted by a single judge; 5. The trial procedure is simple, and it is not as strict as the ordinary procedure, and the court investigation and debate are carried out according to the procedure; 6. The trial period is short, and it shall be concluded within 3 months from the day after filing the case, and shall not be extended; 7. Pay attention to mediation. If the parties appear in court at the same time, mediation can be conducted in advance. Article 142 of the Civil Procedure Law The provisions of this chapter shall apply to the trial of simple civil cases with clear facts, clear rights and obligations and less disputes by the grass-roots people's courts and the courts dispatched by them. Article 143 In a simple civil case, the plaintiff may bring a suit orally. Both parties may at the same time request the grassroots people's court or the court dispatched by it to resolve the dispute. The basic people's court or the court dispatched by it may hold a hearing immediately or hold another hearing. Two, what belongs to the summary civil procedure law is not clearly defined. According to the Opinions on Civil Litigation and Several Provisions on the Application of Summary Procedure in the Trial of Civil Cases, combined with long-term trial practice, it is generally believed that the standard of simple civil cases should be: 1, with clear facts, which means that both parties have basically the same statements about disputed facts, can provide reliable evidence, and can find out the facts and distinguish right from wrong without the investigation and collection of evidence by the people's court; 2. The relationship between rights and obligations is clear, that is to say, who is the bearer of responsibility and who is the holder of rights. 3, the dispute is not big, refers to the dispute between the parties on the right and wrong of the case, the responsibility and the object of litigation without principled differences.