Interpretation of the Simplified Procedure for Trying Civil Cases and Related Detailed Analysis

Author: Legal Society Research on 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," "clear facts" in simple civil cases refer to situations where both parties have (básic yīzhì - fundamentally consistent) statements on the disputed facts and can provide reliable evidence, allowing the court to determine the facts and distinguish right from wrong without investigating or collecting evidence. "Clear rights and obligations" means it is clear who is the party responsible and who is the party entitled to the rights. "Small disputes" means that the parties have no fundamental disagreements regarding the facts, responsibilities, or the subject of the dispute in the case. Cases where the defendant is unknown at the time of filing the complaint shall not be subject to the simplified procedure. Cases that are remanded for retrial or retried according to the procedure for reviewing by the higher people's court shall not be subject to the simplified procedure.
Article 2 of the "Supreme People's Court Provisions on the Application of the Simplified Procedure in Court Trials of Economic Disputes" stipulates that: grassroots people's courts and the courts they dispatch shall, after reviewing and accepting complaints, consider whether simple economic dispute cases with clear facts, clear rights and obligations, and small disputes can be tried under the simplified procedure.
Article 2 stipulates that: in civil cases tried under the ordinary procedure by grassroots people's courts, if all parties voluntarily choose to apply the simplified procedure and the court approves, the simplified procedure may be applied for trial.