Can small claims be appealed in the first instance and final instance?

Legal analysis: As the small claims are subject to the system of first instance and final adjudication, the judgments and rulings made by the courts cannot be appealed, but this does not mean that there is no remedy. The parties may apply for a retrial in accordance with the procedure of trial supervision for the judgment or ruling of a small lawsuit case, and the court shall accept it if it meets the conditions for retrial. The parties shall not appeal against the retrial judgment or ruling made in accordance with the retrial procedure. If a party applies to the court of first instance for retrial on the grounds that it should not be tried in accordance with the small claims procedure, the court shall accept it. If the reasons are established, a retrial shall be ruled and a collegial panel shall be formed separately for trial. The parties may appeal against the retrial judgment or ruling made in accordance with ordinary procedures.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC).

Article 272 The average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government as stipulated in Article 162 of the Civil Procedure Law refers to the published average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government. Before the publication of the average annual salary of employed persons in the previous year, the published average annual salary of employed persons in the latest year shall prevail.

Article 273 A maritime court may try maritime and maritime small claims cases. The amount of the subject matter of the case shall be limited to 30% of the average annual salary of the employees in the province, autonomous region or municipality directly under the Central Government where the maritime court actually accepts the case or its dispatched court is located.

274th the following monetary payment cases shall be tried by small-sum litigation procedures:

(1) Disputes over sales contracts, loan contracts and lease contracts;

(two) the identity relationship is clear, only the amount of payment, time and way of dispute, as well as alimony, childcare, alimony disputes;

(3) Disputes over traffic accident damage compensation and other personal injury compensation with clear responsibilities and only disputes over the amount, time and payment method;

(four) water supply, power supply, gas supply and heating contract disputes;

(5) Bank card disputes;

(six) labor contract disputes with clear labor relations are only about the amount, time and payment method of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(seven) labor contracts with clear labor relations and only disputes about the amount, time and payment method of labor remuneration;

(eight) property, telecommunications and other service contract disputes;

(nine) other payment disputes.

275th the following cases are not applicable to small claims procedures:

(a) personal relations, property ownership disputes;

(2) Foreign-related civil disputes;

(3) intellectual property disputes;

(4) Disputes that require appraisal or have objections to the appraisal results before litigation;

(five) other disputes that are not suitable for first instance and final adjudication.

Article 276 When accepting a small litigation case, the people's court shall inform the parties of the trial organization, the trial methods of first instance and final instance, the trial period, the standards for paying litigation fees and other relevant matters.