The purpose of the summary trial in simple cases is to further improve the efficiency of litigation, alleviate exhaustion of litigation resources and to help the parties to realize their litigation interests as soon as possible. According to the nature of the case, the facts, the evidence and the legal relationship, there is a distinction between complex and relatively simple cases. If all cases are handled through ordinary procedures, it will increase the burden to the parties concerned, cause the waste of judicial resources and make it contrary to fairness and justice. The summary trial is a lawsuit procedure designed according to the characteristics of the case, which is conducive to efficient and fair judgment. Please read the following details about the trial of the case, so that you can actively perform and participate in the procedure of the summary, and effectively safeguard your legitimate rights and interests.
25.1. The Advantages of the Summary Trial in Simple Case
25.1.1. The trial procedure is simple and efficient, which is conducive to maximizing the efficiency of litigation and saving the litigation costs of the parties concerned.
25.1.2. Efficient enforcement of the hearing. The summary trial takes the trial enforcement mechanism with “efficient transfer, service, mediation, trial, judge, settlement and enforcement”, which is beneficial to realise the rights and interests of the party concerned as soon as possible.
25.1.3.Professional trial team. The court has formed a special judicial team for summary trial, which specializes in simple civil and commercial cases and guarantees the organic unity of the quality and efficiency of the trial.
25.1.4.Scientific and rigorous procedure. According to Several Opinions of The Supreme People's Court on Further Promoting the Case Classification to Optimize the Allocation of Judicial Resources, With the establishment of the systematic trial mechanism, the summary trial, based on science, preciseness and impartiality, maximizes the efficiency of litigation.
25.2. Please Check whether the Case Involved is within the Scope of the Following Summary Trial Procedure.
The following simple civil and commercial cases with simple legal relation and clear relationship between rights and obligations can be applied in summary trial:
25.2.1. Cases of labor dispute or labor contract with the object of litigation under 500housandChinese Yuan.
25.2.2. Cases of loan contracts, small loan contracts, financial loan contracts or civil borrowing disputes with the object of litigation under 500 thousandChinese Yuan.
25.2.3. Cases of credit card dispute with the object of litigation under 500thousandChinese Yuan.
25.2.4.Where the parties concerned reach a consensus on choosing summary trial with the grant of the court.
25.2.5. Other civil and commercial cases for summary trial with the object of litigation under2 millionChinese Yuan.
Small litigation cases complying with the provisions of Article 162 of the Civil Procedure Law of the People 's Republic of China will be applied to the small litigation procedure that the first instance is final.
25.3. Cases not Applicable for the Summary Trial
25.3.1.Cases that may harm the interests of the state, the public, the collective or the outsiders, and is in violation of the law and prohibitive provisions.
25.3. 2. Cases involving marriage, identity confirmation, ownership or other property rights.
25.3. 3. Cases involving paying debt in kind assets
25.3. 4. Cases marked for retrial.
25.3. 5. Cases involving bankruptcy.
25.3. 6. Cases with complexity or new cases.
25.3. 7. Cases with great social impacts and public attention.
25.3.8. Other cases involving complicated civil and commercial disputes
25.4. Where the Case is Applicable to the Summary Trial, you can Apply ForFlexible Proceedings.
25.4.1.The parties may, according to the need for trial, apply for a court session in the evening, the day off or the statutory holidays.
25.4.2. Where the party concerned cannot be present at the court with legitimate reasons, with the consent of the other party, the court may use video technology for hearing or inquiry.
25.4.3.The people's court may summon the parties concerned at any time through oral message, telephone, mobile phone message, fax, e-mail or by any other convenient method.
25.4.4. The trial can be flexible and convenient. The proof, cross examination and debate can be directly focused on the plaintiff's claim, not restricted by the order of court investigation, court debate, the final statement, and the court mediation.
25.5. Judgment Documents in the Summary Trial.
The judgments documents in the summary trial is more simplified in form than that in general procedure.
25.5.1.The judgment documents of simple civil and commercial cases can take writs, key elements, table or other simple forms with brief reasoning and direct statements of judgment.
25.5. 2.Where the judgment of simple case is pronounced in court, the judgment document may be appropriately simplified.
25.5. 3. The simple civil and commercial cases enforced immediately in court, with the consent of all parties, can be issued without judgment document after the relevant circumstances recorded in court.
