Research On The Application Of The Small Civil Litigation Procedure

In August 31,2012, the new revised "Civil Procedure Law" stipulates the small civil litigation procedure, which just make the principle provisions without any refinement rules in practice,this make it difficult to carry out the small civil litigation procedure. The implementation details of the small civil litigation procedure were promulgated by the higher people’s court of the provinces, municipalities directly under the central government, autonomous region two years ago, which have little effect. In December 18,2014, the Supreme People’s court made "the Supreme People’s Court on the application of <the people’s Republic of China Civil Procedure Law> interpretation,, which regularly concretes the applicable types of cases, the amount standard cases of the small civil litigation procedure, the time limit for adducing evidence, the program change system through thirteen provision of the specific provisions in the twelfth chapter. A fly in the ointment is the explanation haven’t defined the small civil litigation procedure to be a standalone program as the "Civil Procedure Law" as will be clear, section headings are still the small civil litigation procedure in the Summary procedure, which as part of the summary procedure.As the small civil litigation procedure concentrate in the courts at the grassroots level, through analyzing one city’s grass-roots court data of a province this article will analyze the problems that exist in our country for the small civil litigation procedure,and then change the existing judicial system, let go of the small claims procedure of the hands and feet, truly realize the meaning of judicial justice and efficiency for the small civil litigation procedure.Besides preface and conclusion, this paper is divided into four parts:The first part is the overview of small civil litigation procedure. Mainly expounds the concept and features of small claims procedure and the lawsuit procedure, the applicable scope of the small claims procedure, the comparative of the small claims procedure and the simple procedure, the legal basis of the lawsuit procedure, then elaborates the small civil litigation procedure is an independent procedure with the common procedure, simple procedure.The second part is the appropriate legal present situation of foreign country, Taiwan area of our country, which have important reference value to perfect our country small procedure.The third part is the analysis of the operation of China’s grass-roots court of the small civil litigation procedure of some data, and summarizes the emergence of the small civil litigation procedure problems in operation on the basis of analysis.The fourth part is the suggestion of perfect the small civil litigation procedure, mainly by improving the procedure legislation, judicial system reform to provide the necessary protection for the implementation of the small civil litigation procedure, and carrying on the elaboration by improving the relevant supporting facilities and procedure.