I. Cases tried in small claims proceedings
According to the Civil Procedure Law and relevant judicial interpretations, the court can use small-sum litigation procedure to hear cases with small amount of litigation, with the first instance as the final instance. This kind of cases can be solved quickly and simply because of the small amount, clear facts and clear relationship between rights and obligations.
Two, the Supreme People's Court to determine other cases of first instance.
According to the needs of judicial practice, the Supreme People's Court can stipulate other types of cases that are subject to first instance and final adjudication. This kind of cases are usually special, and the application of first instance and final instance can improve judicial efficiency and reduce the litigation burden of the parties.
Three. Cases tried by special procedures
Special procedures are special procedures stipulated in the Civil Procedure Law, including voter qualification cases, cases of declaring missing or dead, cases of determining that citizens have no capacity for civil conduct or cases with limited capacity for civil conduct. Because these cases do not involve disputes over rights and obligations between the parties, they are tried by the way of first instance and final adjudication.
Four, confirm the mediation agreement case
According to the People's Mediation Law and other laws, if the parties apply to the court for judicial confirmation within 30 days from the date when the mediation agreement takes effect, the court shall promptly review the mediation agreement and confirm the validity of the mediation agreement according to law. This kind of case adopts the way of first instance and final adjudication, which can quickly confirm the legal effect of the mediation agreement and protect the legitimate rights and interests of the parties.
A Case of verb (abbreviation of verb) Realizing Security Interest
Holders of security interests and other persons who have the right to request the realization of security interests may, in accordance with the provisions of the Property Law and other laws, apply to the basic court where the security interests are located or registered, requesting the court to auction or sell the security interests. This kind of case also adopts the way of first instance and final adjudication, which can quickly realize the real right for security and protect the interests of creditors.
Case study of intransitive verb supervision procedure
If the creditor requests the debtor to pay money or securities, and it meets the conditions that there is no other debt dispute between the creditor and the debtor and the payment order can be served on the debtor, it may apply to the court for a payment order. This kind of case is tried by supervision procedure, and the first instance is final, which can quickly urge the debtor to perform his debts.
To sum up:
The six cases of first instance and final adjudication mainly include cases tried by small claims procedure, other cases of first instance and final adjudication determined by the Supreme People's Court, cases tried by special procedures, cases of confirming mediation agreement, cases of realizing security interests and cases of supervision procedures. In these cases, the first trial is the final trial, which can quickly resolve disputes and improve judicial efficiency without going through the second trial procedure.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 165 stipulates:
When the grass-roots people's courts and the courts dispatched by them try civil cases in which the facts are clear, the rights and obligations are clear, there is little controversy, and the target amount is less than 30% of the average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government, small-scale litigation procedures shall be applied, and the final trial shall be the first instance.
People's Republic of China (PRC) Civil Procedure Law
Chapter 16 stipulates:
Special procedures include voter qualification cases, cases of declaring missing or dead, cases of determining that citizens have no or limited capacity for civil conduct, cases of determining that property is ownerless, cases of confirming mediation agreements and cases of realizing security interests.
People's Republic of China (PRC) Civil Procedure Law
Article 20 1 stipulates that:
If a mediation agreement is reached through mediation by a mediation organization established according to law and judicial confirmation is applied, both parties shall apply to the following people's courts within 30 days from the effective date of the mediation agreement:
(1) If the people's court invites a mediation organization to conduct mediation in advance, it shall submit it to the people's court that issued the invitation;
(2) If a mediation organization conducts mediation, it shall bring a lawsuit to the basic people's court where the parties have their domicile, where the subject matter is located and where the mediation organization is located; If the dispute involved in the mediation agreement should be under the jurisdiction of the intermediate people's court, it shall be submitted to the corresponding intermediate people's court.
People's Republic of China (PRC) Civil Procedure Law
Article 202 provides that:
After accepting the application, the people's court ruled that the mediation agreement is valid if it meets the statutory requirements after examination. If one party refuses to perform or fails to perform it completely, the other party may apply to the people's court for compulsory execution; If it does not meet the statutory conditions, the application shall be rejected by ruling, and the parties may change the original mediation agreement or reach a new mediation agreement through mediation, or bring a lawsuit to the people's court.
People's Republic of China (PRC) Civil Procedure Law
Article 220 stipulates that:
Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
People's Republic of China (PRC) Civil Procedure Law
Article 22 1 stipulates that:
After the creditor files an application, the people's court shall notify the creditor whether to accept it within five days. After accepting the application, the people's court shall, after examination, issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the application shall be ruled to be rejected without appeal. The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court. If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.