Theory In The Western Region Small Procedure Running Trouble Of Cracking

New revision of the civilian law began on January1,2013, the162th regulation:"the basic people’s court and the court it sent conform to the provisions of article one hundred and fifty-seven of the first paragraph of simple civil cases, the quantities of the provinces, autonomous regions and municipalities directly under the central government last year of less than thirty percent of the average wage, employment practice of final appeal of trial". Which is keep up with the trend of the world civil litigation legislation and in judicial practice, and practice to explore many arguments in the educational world and the small speed cutting is made on the basis of the pilot project in the first, the the rule was also seen as a sign of small litigation procedure in China established. Small litigation procedure, break through the tradition of civil litigation cases of final appeal of second instance, for the first time a innovation in the history of the Chinese civil action. System for this innovative meaning, passion to give a high degree of attention and research in the theoretical circle, discuss articles published in major journals and network in succession. But the system has the prospects of what? The legislation whether agree with the reality of judicial demand? Practice how to its location and applicable state of mind? How to promote the application of benign run? This article is based on the above problems and according to the author in a western city of six grass-roots court situation as the basis of a small procedure shall apply.Based on the western city court S six small grass-roots court in the first half of2013in accordance with applicable procedures of case and the actual situation of microfinance program research, on the basis of the judge is the grassroots basic position of microfinance program, then analyzes the application of all sorts of trouble, suggest resolving difficulties to promote positive operation program. The text mainly includes four parts:The first part, first of all, apply to microfinance program S municipal court conforms to the case and the actual situation of microfinance program parsing:1. Up to39.82%of the cases in accordance with small procedures applicable conditions;2. The case with the largest number of motor vehicle traffic accident liability disputes; accounted for64.93%;3. The average processing time is less than the summary procedure and ordinary procedure cases;4. A small application rate is very low, only0.48%;5. Applicable case type, led by financial loan contract dispute, labor contract dispute.The second part through the questionnaire to the grassroots judge:basic position of microfinance program considerations on microfinance program maximum value,70.21%of the judges considered shunt cases, saving judicial resources,17.02%thought is to realize the "judicial popularization",12.77%thought is to build diversified judicial proceedings; About whether microfinance programs have independence:72.34%judge as to simplify the summary procedure,27.66%considered independent program; About the trial for small procedures,"conciliation not afraid of letters" and "the parties cannot appeal to improve trial quality, and the effect", respectively,42.86%,"explore new program for creative" accounted for14.29%; On the court for the plight of microfinance program:87.23%think is lack of specific provisions "program",53.19%said "the final party of trial procedure rights impairment may cause complaint reporting risk", the other with31.91%considered "new system for increased workload" and "formed in the long-term trial inertial thinking".The third part to the microfinance program in China open thinking: demonstrates the value orientation of small procedures, independence, letters and risk, and the importance of the development of specific procedures.The fourth part to promote microfinance program in the western region of grass-roots court benign operation Suggestions:one is define the dual value orientation of microfinance program; The second is afraid of a complaint reporting of mind. Three is to develop a complete, independent of the specific operating rules; Four is to break the civil trial existing inertia.This article USES the data statistics, questionnaire survey, visit discussion and the research methods of empirical analysis, at the same time also used the literature analysis method, to foreign microfinance program, all kinds of legislation mode and the characteristics of our country famous professor analyzed the point of view. From the Angle of judicial practice is a small program to double the value orientation and put forward the microfinance program in the western region of the grass-roots court benign operation suggestion is the innovation of this article, the innovation breakthrough the limitation of pure theory, judicial interpretation of the small program for the next step can provide some objective basis of valuable information.