Emprical Study On Small Claims Procedure In Yiyang Court

The Small Claims Procedure emerges from ordinary civil procedure burdened by thesluggishness, complexity, high-pricing and over-accumulative cases. The small claimsprocedure, which refers to the simplified and low-cost procedure targeting the convenient,swift, effective and economical civil cases, not only can unburden the case load of the courtand categorize the civil cases, but also popularize the judicial by making it possible forprocedure-guaranteed justice to serve the general public. Article162of the newly amendedCivil Procedure Code formally instituted the small claims procedure, a breakthrough inChina’s civil procedure system, bringing the small claims procedure to a new high level.The dissertation researched into small claims procedure in Yiyang court with empiricalstudy and analyzes problems when applying the small claims procedure by the court, and putforward some suggestions to ameliorate the procedure with the collected pertinentinformation and data. Hopefully it could be instructive for employing the small claimsprocedure in our country’s judicial practice. The dissertation consists of3parts:The1st part probes into the problems of the application of small claims procedure. Byresearching into the scope of application, the starting mode, court proceedings, enforcementand remedial measures, we could gain a better understanding of the extant issues and roles ofsmall claims procedure in the judicial practice.The2nd part introduces the basic situation of the Yiyang County Court of small claimsprocedure applicable work. The practical research in this part is mainly aimed at the problemspresented in the first section, it gives a brief introduction of structure of application of smallclaims procedure in this court, investigates the condition for filing a small case and theclassification of the scope of the cases, and makes a detailed statistics from the cases usedsmall claims procedure.The3rd part is mainly to analysis the existing problems in the application work of usingthe small claims procedure. According to analysis the collected data, points out the problemsthat existing in the small claims procedure, such as the inaccurate scope of application,singular starting mode of the procedure, the still complex trial proceeding and lack ofremedial measuresThe4th part put forward some measures to address the problems of application of smallclaims procedure. The legislative body should specify the scope of small claims procedure, the starting mode, the ways of simplifying procedure, and remedial measures to guarantee allparties rights. On the judicial level, the court could set up specialized small procedure leet tomake it convenient for all parties, and popularize the law among the general public withintense law advocation.