SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA
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 fact...
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| Format: | Article |
| Language: | English |
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Publshing House V.Ема
2016-06-01
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| Series: | BRICS Law Journal |
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| Online Access: | https://www.bricslawjournal.com/jour/article/view/7 |
| Summary: | 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. |
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| ISSN: | 2409-9058 2412-2343 |