Perfection Of The Small Claims In The Legislation

With the development of our socialist market economy, the public legal consciousnessgradually strengthened and more people choose to solve all kinds of civil disputesarising from the life by means of litigation. In the lawsuit, small civil disputes representa large proportion, and this requires that the people’s court has the high efficientjudgment ability. However, the situation of our county judicial resources obviously can’tsatisfy the needs of people. In this context, the small claim system is established whenrevised civil procedure law of our county.This article is based on the provisions of article one hundred and sixty-two of the civilprocedure law, in combination with small claim system which other countries, in viewof the problem of the small claim system in our country to be analyzed, and finally putforward the corresponding perfecting suggestions. In my opinion,there are threeproblems in the small claim system of our county at present: no procedure options, nocorresponding way of relief and no limit to the behavior of the abuse of proceduralrights.For the problem of procedure options, the author suggests that should give the properprocedure option,and the main body includes both the plaintiff and the defendant. Onthe basis of quantities of litigation,we force the cases below the amount of the law toapply the small claim procedure,the parties without procedure options. When cases ishigher than the amount of the certain percentage, after the plaintiff and the defendantreached a written agreement, the court may apply the small claim procedure.Aiming at the problem of no relief way,the author suggests can be relief through theway of the objection to the judgment. Since the date of the judgment in the legal timelimit,the parties can file for the objection to the court made the judgment. If the courtthink the objection is legal, a collegiate will form,and try the case in accordance withthe ordinary procedure.Aiming at the problem of no limit to the behavior of the abuse of procedural rights, theauthor analyzes from two aspects of the behavior of the abuse of procedural rightsrespectively, including the plaintiff increases the claims temporarily and maliciouslyand the defendant maliciously use the mediation to avoid the legal liability. In theauthor’s opinion,when the plaintiff increases the claims temporarily，the judge have theright to turn the case to apply the ordinary procedure or the summary procedure. When the defendant refuses to perform the conciliation agreement maliciously after themediation, the plaintiff has the right to take a judicial procedure again, and the case willbe tried by the original judge. If there are no new situation and no new evidence, ajudgment can be made by a written hearing.