Recently, Zhang Wei, president of the Duli Court of the Sanyuan County People's Court of Xianyang City, applied the small claim procedure stipulated in the newly promulgated Civil Procedure Law of the People's Republic of China to conclude a case of arrears of labor remuneration under a labor contract, and successfully mediated in court.
In April 2021, defendant Li Fei (pseudonym) contracted the floor heating installation project of the third phase of Xi'an University of Technology, and the plaintiff Chen Chen (pseudonym) worked at the defendant's construction site from May to June, and the defendant has been paying labor fees to the plaintiff. After the completion of the project, after settlement, the plaintiff and the defendant still owed the plaintiff 34,000 yuan in labor fees and did not pay it, and the defendant issued an IOU to the plaintiff. The plaintiff repeatedly asked the defendant for it, and the defendant always prevaricated and refused to repay the loan, and the plaintiff had no choice but to come to court.
In view of the clear facts of the case, the clear legal relationship, and the lack of controversy, the judge undertaking the case explained to both parties the legal provisions on the final trial of the small claims procedure, the trial period, and the payment of litigation fees, and both parties agreed to apply the small claims procedure to try the case. During the trial, Li Fei had no objection to the facts and amounts of the arrears claimed by Chen Chen, and there was only a disagreement on the time of payment. The judge undertaking the case clarified the law and reasoned with the original defendant in court during the mediation stage of the court, and finally the plaintiff and the defendant reached an agreement on the amount of payment and the time of payment, and the court successfully mediated in court and produced a civil mediation document, and the plaintiff and the defendant signed and received it on the spot. It took only more than ten days from the filing of the case to the conclusion of the case and the successful conclusion of the trial.
In exploring convenient litigation, the Duli People's Court experienced that small claims procedures are a "slimming version" of the simplified procedures in civil litigation, featuring small, simple, and fast civil cases with small amounts, small disputes, and simple case facts, through simplified procedures, efficient and high-quality fast trials, and fast conclusions, once judged, no appeals, breaking through the traditional provisions of the two-instance final trial in the litigation procedure, and greatly improving the efficiency of litigation. It reduces the cost of litigation, satisfies the diversified litigation needs of the people, and quickly and efficiently protects the legitimate rights and interests of the people involved in litigation.
Editor-in-charge: Wang Fangling