How much is a small civil lawsuit?

In civil litigation, the amount of small cases generally does not exceed 30% of the average salary of employees in the previous year. In addition, people's courts generally use summary procedures to try particularly simple small cases, which are the first instance and the final instance.

1. How much is the civil small claim?

The target amount of civil small claims shall not exceed 30% of the average annual salary of employed persons in the previous year.

People's Republic of China (PRC) Civil Procedure Law

Article 162 Small Claims Case

The basic people's courts and the courts dispatched by them try simple civil cases that conform to the provisions of the first paragraph of Article 157 of this Law. If the bid amount is lower than 30% of the average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government, the first instance and the final judgment shall be implemented.

Second, what are the relevant provisions of small claims?

The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)

Article 273

The maritime court may hear maritime affairs and maritime small claims. 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.

Article 277 The time limit for adducing evidence in small litigation cases shall be decided by the people's court, or agreed by the parties through consultation and approved by the people's court, but generally it shall not exceed seven days.

If the defendant requests a written defense, the people's court may reasonably determine the defense period on the basis of its consent, but the longest time shall not exceed fifteen days.

If the parties indicate that there is no need for the time limit for adducing evidence and the time limit for replying, the people's court may hold a hearing immediately.

Article 278 If a party objects to the jurisdiction of small claims, the people's court shall make a ruling. Once the award is made, it will take effect immediately.

Article 279 After accepting a small lawsuit, if the people's court finds that the lawsuit does not meet the conditions for prosecution stipulated in Article 119 of the Civil Procedure Law, it shall rule to dismiss the lawsuit. Once the award is made, it will take effect immediately.

To sum up, the amount of small claims is related to the local economic development, because the average wage income of local employees in the previous year is not mandatory by national laws. In addition, although there are small claims procedures in China, it does not mean that all small-scale civil cases are tried by summary procedures.