A Study On The Application Of Small Litigation In Guiyang City

With the continuous development of China’s current social and economic,judicial reform continued in-depth,people’s interests have been violated legal recourse referee increasingly common,The court case volume increased year by year.Through proceedings at the same time stressed the guarantee of procedural justice in the face of rapidly growing number of cases is difficult to achieve timely and fast processing, exposed the shortcomings of the existing legal system. For the parties, set up small claims procedure increases the number of the target amount in a small, relatively simple case petitioned choose the applicable procedures in cases of type, essentially reflects the parties to respect and guarantee the right to appeal.But in the actual implementation of the case, since the Chinese Civil Procedure Law in 2013 made formal provisions for small claims procedure so far, in terms of understanding the masses understand the terms, laws and regulations and normative documents related to the development of the situation, also, or specific judicial practical application perspective, the status of application of Small Claims procedures are far from satisfactory, under generally applicable rate, far short of the requirements of its intention to establish- the efficient handling of minor civil disputes, ease the current tension judicial resources.Taking Guiyang ten grassroots courts to research samples to survey interviews and data analysis methods, in order to practice through research, analysis of small claims procedure should explore how to establish a more rational, to achieve its purpose of judicial economy legislation.The thesis consisted of three parts, over25,000 words in all.The first part of the small claims procedure outlined, this section introduces the concept of small claims procedure, the procedural nature of division, where the characteristics of small claims procedure. And introduces the status and to the United Kingdom and the United States as the representative of the common law and the Small Claims Procedure applies to Germany and Taiwan of China is an example of civil law for Small Claims Procedure applicable.The second part of the first court case in Guiyang dozens of grassroots research data sources as well as the court administration of regional economic development, the region where the demographic situation as outlined in the various courts in the actual research collection related to small claims procedure statistical data and analysis, followed by the summary, including Guiyang Nanming District Court trial courts and various other small court proceedings, where applicable, the final sums up the program in question appear in the application and analysis of cause cause of the problem lies.The third part of proceedings for a variety of problems exist in small attempt from perfect program designed to protect the interests of the parties and the establishment of a comprehensive program designed for three aspects of supporting institutions to resolve the current small claims procedure applies poor, there are rules to hard line the proposed measures to improve the situation.In addition to the above mentioned,this article has the following two innovation:(1)At present, the research of the small litigation procedure in the academic circles pays more attention to the theoretical analysis,without the support of the actual data, the current research on the topic of small litigation is too theoretical.In this paper, the ten basic level court in Guiyang City, the relevant data statistics and the judge survey of the research methods,proceed from realities,with consideration of corresponding theory,making a comprehensive study of the problems and solutions of small claims.(2)After Supreme People’s Court issued a judicial interpretation on the latest "Civil Procedure Law" in February 4, 2015,Some of the provisions have been amended, and the original theoretical research has not been in conformity with the actual legal provisions.Based on the latest judicial interpretation, this paper makes a new study on the application of the small litigation procedure.