SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA


https://doi.org/10.21684/2412-2343-2014-1-1-59-65

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Abstract

In MainlandChina, summary procedure is procedure applied at the first instance by basic-level courts and their detached tribunals. As simplified formal procedure, summary procedure can be classified into three types: 1) general / mandatory summary procedure, which is applied to cases with clear facts, unambiguous rights and obligations and minor disputes; 2) consensus procedure, which is applied to cases other than those to which mandatory summary procedure is applied, with the parties’ agreement on the application; 3) special summary procedure, which is ‘small claim procedure’ applied to cases involving amounts lower than 30 percent of the previous year’s average annual wages of workers in a given province and the judgment of the basic-level court or detached tribunal shall be final.


About the Author

Yulin Fu
Peking University
China

Yulin Fu (Beijing, China) – Professor of Peking University Law School

(316 Chen Ming Building of Peking University Law School, Haidian District, Beijing, 100871, China)



References

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Supplementary files

For citation: Fu Y. SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA. BRICS Law Journal. 2014;1(1):67-81. https://doi.org/10.21684/2412-2343-2014-1-1-59-65

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)