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 |
| _version_ | 1797855895941545984 |
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| author | Yulin Fu |
| author_facet | Yulin Fu |
| author_sort | Yulin Fu |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-09T20:31:17Z |
| format | Article |
| id | doaj.art-91959a9d002049cfb2735b1879577b1e |
| institution | Directory Open Access Journal |
| issn | 2409-9058 2412-2343 |
| language | English |
| last_indexed | 2024-04-09T20:31:17Z |
| publishDate | 2016-06-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj.art-91959a9d002049cfb2735b1879577b1e2023-03-30T20:04:00ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432016-06-0111678110.21684/2412-2343-2014-1-1-59-656SMALL CLAIM AND SUMMARY PROCEDURE IN CHINAYulin Fu0Peking UniversityIn 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.https://www.bricslawjournal.com/jour/article/view/7civil proceduresmall claimsmall claim proceduresummary proceduresummary judgment |
| spellingShingle | Yulin Fu SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA BRICS Law Journal civil procedure small claim small claim procedure summary procedure summary judgment |
| title | SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA |
| title_full | SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA |
| title_fullStr | SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA |
| title_full_unstemmed | SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA |
| title_short | SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA |
| title_sort | small claim and summary procedure in china |
| topic | civil procedure small claim small claim procedure summary procedure summary judgment |
| url | https://www.bricslawjournal.com/jour/article/view/7 |
| work_keys_str_mv | AT yulinfu smallclaimandsummaryprocedureinchina |