The Research Of Small Claims Procedure

As China has become the world’s second largest economy, society theemergence of a large number of economic disputes, but the people understanding totheir own economic and legal rights and interests has profound, through legalchannels to resolve disputes has become almost a consensus. The law and the livesof ordinary people moved closer, the ordinary people through legal means tosafeguard their own rights and interests of the event is also more and more. Smallclaims procedure to generate positive to cater to this trend. But the small sumlitigation in China’s history is not long, its program and system of the road is stilllong. First of all, in the definition of related concepts of legal relationship, we shouldclear the small claims proceedings is small is a standard action involved in civilcases, the amount is small, the case is more simple a simplified independent trialprocedure. Although in the "China Civil Procedure Law" the small claims procedureis divided in summary procedure under, but the small claims procedure and thesimple procedure still has a lot of difference. The small claims procedure and thesimple procedure of litigation target different objects and different ruling the judgejurisdiction; the two simplified procedure is not the same. Small lawsuit with "small"As a benchmark, define the scope of application; the combination of high efficiencyand low cost; the judge jurisdiction relative freedom characteristics. Small claims aremainly produced in the United States, in the development and evolution of Westernsociety has undergone a long period of time, in the United States, Britain, Japan andother countries of the applicable scope, trial procedures and personnel involved inthe qualification and right are the existence of individuality and commonness ofcertain. The parties have the right to choose procedures; the judge jurisdiction arelarger, some countries or by a temporary judge agent; the way of the lawsuit, thetime and place are very flexible, simplified. As a flexible mode of litigation of smallclaims, has theoretical basis and display on the basis of the implementation in china.The constitution of the people have the right to request the referee; combination of efficiency and fairness of the need in the civil procedure law; procedure and thetypes of cases to match. And China is in the civil case lawsuit pressure surge, hugesocial reality; but the simple procedure itself is flawed; judicial practice of smallclaims court and achieved great success. All these show that the small lawsuit in ourcountry has grown rich soil. With the2011"on the part of the basic people’s courtstarted small quick judging pilot work instruction opinion",2012,"amendment to thecivil procedure law" and in2014December promulgated the "Supreme People’sCourt on the use of" people’s Republic of China Civil Procedure Law> explanation"promulgated,Small lawsuit in our country began to develop open like a raging fire. But thereis also this or that problem in the implementation process, mainly reflected in itsdifficult to coordinate the relationship with the reform of trial mode; no limitlitigation subject, cannot avoid malicious litigation and litigation abuse; rights ofjudges is too large, may lead to judge breach of privilege or judicial corruption.Therefore, we need to perfect the construction of small procedure. In order toprevent malicious litigation and litigation abuse, we need to standardize the jotlawsuit start-up procedures, mainly from the standard two aspects of small actionscope and procedure selection and intercession prepositive procedure. The formerincludes standard of small for litigation case type, two limitations and small lawsuit.Small claims cases to clarify the relationship between the type of application, withsmall money payment as the main civil daily contract disputes and controversy inonly the payment of money, and the amount of time on the way, a clear relationshipbetween alimony, labor remuneration, economic compensation and other civildisputes mainly. Small lawsuit limitation is mainly in order to avoid theforeign-related civil disputes complex and business disputes, therefore defined asordinary citizens of the people’s Republic of china. In order to realize the small sumlitigation justice, standard of small lawsuit trial procedure. The main subject and thestatus of judges from the trial; trial and the trial time and evidence and legaldocuments to simplify the three aspects of the trial procedures were standardized. Inorder to avoid the abuse of power and generate judge judicial corruption, standard ofsmall litigation adjudication and relief procedure, mainly from the small sum litigation adjudication and relief from two aspects has carried on the procedurespecification.