The Survey Analysis On The Implementation Situation Of Small Claim Procedure

In1979, the small claim procedure came out in America as a new civil litigation system. Due to the development of market economy, people constantly improved their consciousness of legal system, and the court heard soaring cases. The intangible burden led to a series of problems including case overstock, delayed lawsuit, and increasing cost. Because of the soaring civil cases, current civil procedure cannot satisfy appellees’ demand for efficient case hearing. In order to better relieve basic people’s courts’ pressure from increasing cases and increase the hearing efficiency, the Supreme People’s Court carried out the fast small claim trial work in nearly90basic people’s courts of13provinces and municipalities directly under the central government such as Beijing, Guangdong, Gansu, and Fujian on March21,2011after the sufficient survey. In2012, a regulation about the small claim procedure was made in the Article162of the newly-amended Civil Procedure Law:when the basic people’s courts and their detached tribunal hear the simple civil case in line with Article157(1) of the Law of which the target amount is lower than30%of employed persons’ average annual wage of the last year in the province, autonomous district, and municipality, the first instance is the final judgment.Up to now, the small claim procedure is made clear in Article162of the Civil Procedure Law, but the simple law cannot replace the completeness of the small claim procedure in the civil procedure system. The topic background of this paper:In2011, the Supreme People’s Court carried out the fast small claim trial work in nearly90basic people’s courts in Beijing and Gansu and other regions. Jiayuguan People’s Court established the special fast small claim court to hear the fast small claim as one of the trial basic people’s court. On January1,2013, after the implementation of the newly-amended Civil Procedure Law, the fast small claim court continued hearing the small claim case. Being a member of the fast small claim court, the author was involved in the hearing of small claim procedures of2012and2013, and mastered the first-hand case data. Through the survey on the hearing situation of small claim procedures during the fast small claim procedure from2012to2013and after the implementation of small claim procedure, the paper listed the problems existed in the cases from the legislation aspect and juridical practice aspect and analyzed the reasons for these problems. Furthermore, some suggestions are proposed to improve the small claim procedure.