An Empirical Study On The Application Of Small Claims

For the sake of economizing resources of judiciary, distributing excessive backlog of People’s Court’s cases, reducing legal costs of litigant, and giving play to value of litigation efficiency. The new Civil Procedure Law added the system of Small Claims Procedure in 2012, China. Thence the Small Claims Procedure is established in form of legislation. And Judicial Interpretation of Civil Procedure Law in 2015 gave further and detailed explanation to its part of content set a specific quota and range of applicable cases.This thesis is an investigation through surveying six local people’s courts of B city, J province. The data of survey including the number of Summary Procedure, General Procedure and Small Claims Procedure cases in the whole number of the First Instance of civil and commercial cases which applied from 2013 to 2015 since the Small Claims Procedure established. And firstly organizing these data, then finding problems of applicable situation of Small Claims Procedure and analyzing the reasons, finally give advices of improving Small Claims Procedure.The method of this thesis is an investigation, mainly used survey and secondarily by interviewing, meantime, through reading quantity of papers and books material. The innovation point of this thesis is on the basis of data which I investigated to find problems of B’s six Local People’s Courts’ Small Claims Procedure.This thesis including three parts:The fist part is summary of data: using forms and graphs to display applicable situation of Small Claims Procedure of B city. The applied result is deficiency. Except for data, this investigation also including interview of judge and lawyer, the record of interview can reveal existing problems of Small Claims Procedure of B city.The second part is finding problems of Small Claims Procedure of B city and analyzing reasons: mainly from legislation and judicial practice. The reason of legislation is that there is no specific rules and particular hearing institution of Small Claims Procedure; the reason of judicial practice aspect is that judge, litigant and lawyer hold negative attitude to Small Claims Procedure, and propagation of new law is vulnerable.The third part is advices of improving Small Claims Procedure: mainly from legislation and judicial practice. Legislation make specific rules and particular institution of Small Claims Procedure; about judicial practice improve performance evaluation mechanism of court, and strengthen propagation.