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Title: Small claim and summary procedure in China
Other Titles: Мелкие претензии и упрощенная процедура в Китае
Authors: Yulin Fu
Keywords: civil procedure
small claim
small claim procedure
summary procedure
summary judgment
Issue Date: 2014
Publisher: Publishing House V.Ема
Citation: Yulin Fu. Small claim and summary procedure in China / Yulin Fu // BRICS Law Journal / chief editor D. Maleshin; deputy chief editor S. Marochkin; executive editor E. Gladun. – 2014. – Vol. 1, No. 1. – P. 67-81.
Abstract: In Mainland China, 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.
ISSN: 2412-2343
Source: BRICS Law Journal. – 2014. – T. 1, Vol. 1
Appears in Collections:BRICS Law Journal

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