Interpretation of Civil Cases in Simple Procedures - Related Analysis

Author: Legal Publishing House Research Center for Laws and Regulations
Publisher:
Publish Date: 2003-12-01
Features: "Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China." According to Article 142 of the Civil Procedure Law, in simple civil cases, "facts are clear" means that the parties have basically consistent statements on the disputed facts and can provide reliable evidence, so the court can determine the facts and distinguish right from wrong without investigating and collecting evidence; "rights and obligations are clear" means that it is clear who bears the responsibility and who enjoys the rights; "disputes are minor" means that the parties have no fundamental disagreements on the facts, responsibilities, or the subject of the dispute. Cases where the defendant is unknown at the time of filing the complaint shall not be subject to the simple procedure. Cases that are sent back for retrial or retried according to the procedure for reviewing the judgment shall not be subject to the simple procedure.
Article 2 of the "Provisions of the Supreme People's Court on the Application of the Simple Procedure in Court Trials of Economic Disputes" stipulates that grassroots courts and their affiliated courts, after reviewing and accepting the complaint, believe that simple economic dispute cases with clear facts, clear rights and obligations, and minor disputes, may apply the simple procedure for trial.
Article 2 stipulates that grassroots courts that apply the ordinary procedure to try civil cases may apply the simple procedure for trial if all parties voluntarily choose to do so and the court approves.