Small claims litigation is applicable to civil cases, and litigation fees are charged on a case-by-case basis, 10 yuan per case. If the case is settled through mediation or the parties apply to withdraw the case, submission will be waived. The development of small claims litigation should be based on simplifying civil litigation procedures, hearing small claims fairly and efficiently, reducing the burden of litigation for the parties, promptly safeguarding the legitimate rights and interests of the parties, quickly stabilizing civil relations, and promoting social harmony. Small claims litigation is applicable to simple monetary payment cases where the parties have clear litigation facts, clear rights and obligations, minor disputes, and the subject amount of the dispute is less than RMB 50,000.
The standards for the subject amount of small claims litigation are as follows:
(1) If the subject amount of the case is less than 50% of the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the applicable Procedural trial of small claims litigation;
(2) If the subject matter of the case exceeds 50% but is less than twice the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the parties may also agree Small claims proceedings apply.
The basic people's courts and the tribunals dispatched by them hear simple civil cases of monetary payment with clear facts, clear rights and obligations, and little controversy. The subject amount is 100% of the average annual salary of employees in each province, autonomous region, and municipality in the previous year. If the number of points is less than 50%, the small claims procedure shall be applied and the first instance shall be final. If the basic people's courts and the courts dispatched by them hear civil cases specified in the preceding paragraph, and the subject amount exceeds 50% but is less than twice the average annual salary of employees in each province, autonomous region, or municipality in the previous year, the parties may also agree to apply the small litigation procedures.
The applicable conditions for small claims litigation are as follows:
1. It must be a simple civil case. Small claims litigation procedures are only applicable to simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the disputes are not major;
2. The subject amount of the case must meet the standards stipulated by law. Drawing on the legislative experience of various countries, our country also uses the subject amount of the case as the applicable condition for small claims litigation procedures;
3. Small claims litigation is applicable to sales contracts, lease contracts, service contracts, etc., involving personal relationships and property rights. Small claims litigation is not applicable to disputes related to relationships, intellectual property rights and counterclaims filed by the parties.
Legal basis:
Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid in accordance with the following standards:
(1) Property cases shall be paid according to the following standards: The requested amount or price shall be paid cumulatively in stages according to the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each item;
2. If it exceeds 10,000 yuan, The amount up to 100,000 yuan is paid at 2.5%;
3. The amount over 100,000 yuan to 200,000 yuan is paid at 2%;
4. The amount over 200,000 yuan The amount up to 500,000 yuan is paid at a rate of 1.5%;
5. The amount exceeding 500,000 yuan to 1 million yuan is paid at a rate of 1%;
6. The amount exceeding 1 million yuan For the portion exceeding 2 million yuan, the fee is 0.9%;
7. For the portion exceeding 2 million yuan to 5 million yuan, the fee is 0.8%;
8. For the portion exceeding 5 million yuan, the fee is 0.8%. The portion between 10,000 yuan and 10 million yuan is paid at 0.7%;
9. The portion exceeding 10 million yuan to 20 million yuan is paid at 0.6%;
10. The portion exceeding 2,000 yuan The portion of 10,000 yuan is paid at 0.5%.
(2) Non-property cases should be paid according to the following standards:
1. Divorce cases should be paid between 50 yuan and 300 yuan for each case. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to compensation for damages, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid.
3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.
(4) 10 yuan is required for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each;
2. Other administrative cases The fee for each case is 50 yuan.
(6) If the party raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.