Studies Of Small Procedure In Our Country

With China becoming more powerful, the rapid development of China’s socialistmarket, the rule of law society’s construction, the general public increasingly richlegal knowledge, the consciousness of maintaining their rights has been more andmore strong, more and more people through litigation to seek legal help to avoid thelegal rights and interests are infringed.This has led to increasing the number of allkinds of disputes and litigation, the court’s growing caseloads, a large number of casesof extrusion is not solved, and the limited judicial resources to court pressure is moreand more heavy.Civil litigation system in our country only ordinary procedure andsummary procedure, design is single, and the role of mediation, arbitration andnon-litigation solution do not thoroughly, so in order to remedy the situation, someplace to start using small lawsuit as pilot exploration.In the1960s, western countries began to explore small litigation procedure andwidely used, countries have to set up a small procedure legislation.Diversified, nowbecome the key words of our country’s form of litigation, litigation pattern alsoevolved into fast of small cases simple of simple cases focus on complex cases.In thisbackground, our country draw lessons from the foreign good practice, the new smalllawsuit system in the civil procedure law.On January1,2013formally implemented the new changes of the civilprocedure law, as prescribed in article one hundred and sixty-two of the chapter13"grassroots people’s court and its dispatched court basic conform to the provisions setforth in paragraph1of article one hundred and fifty-seven of the simple civil cases inbid for the provinces, autonomous regions and municipalities directly under thecentral government last year’s employment of less than thirty percent of the averagewage of final appeal of trial".Since then, China formally established a small procedure,but the rule is very simple, not to small litigation procedure in use process mayencounter problems to make specific provision and solution.In this paper, the research of our country small procedure will from fouraspects.First of all, analyzes small procedure from various perspectives, mainlythrough the concept and characteristics of small litigation procedure werediscussed.Secondly, through the introduction of relevant countries and regions of thedevelopment and characteristics of small procedure to get to know the advantages and disadvantages of small litigation procedure, the small litigation procedure legislationpresent situation and the existing problems in the process of using attention.Finally,although small litigation procedure has been applied in many countries, but for how tofit the social environment of our country still need further discussion.So the last part isthe most important part, this article on how to make the perfection of our country’ssmall procedure are also proposed.Mainly small lawsuit legislation pattern, the scopeof accepting cases, jurisdiction, trial, trial organization, the problem such as relief wayfor small litigation procedure in our country put forward the corresponding theimprovement of the specific recommendations.