SMALL CLAIM AND SUMMARY PROCEDURE IN MAINLAND CHINA

中國小額訴訟與簡易程序

In Mainland China, there are two kinds of procedures at trials of the first instance trial. One kind of procedure is a formal procedure （officially translated as ”ordinary procedure”）and the other kind of procedure is which is used in basic－level courts and their detached tribunals. The Civil Procedure Law of 2012 provides three types of summary procedures：general／mandatory summary procedure, consensus procedure, and special summary procedure. （1）General／mandatory summary procedure, is applied to cases with clear facts, unambiguous rights and obligations and minor disputes；（2）consensus procedure, is applied to cases other than mandatory summary procedure, where the parties agree on this application；and （3）special summary procedure, which is called”small claim procedure”and is applied to cases involving amounts lower than 30 percent of the previous year’s average annual wages for workers in that province and the trial of the basic－level court or detached tribunal shall be final.