The Application Of Small Claims Procedure

Generally refers to a small procedure is applicable in grassroots courts, the quantities under certain criteria, even simple procedure trial than ordinary procedure easier new proceedings. It is designed to promote the progress of the case, which can effectively improve the processing speed and convenience case, reduces the threshold of the ordinary people to seek judicial safeguard.Although small litigation procedure applicable in the theoretical circle has discussed earlier, and in sporadic court also has a pilot, but it is formally written into law in 2013, was formally implemented on January 1, 2012 the new changes of the civil procedure law, the article 162 to do a small procedure.Small litigation procedure applicable court rolled out across the country, less than two years although solved many problems that exist in the practice, there have been many cracks, need to further improve on the legislation and practice. This article is small, the essay discusses the applicable conditions of proceedings.The first part analyzes the definition and function of a small procedure. Many small procedure and simple procedure similar place, first is to distinguish it from similarities and differences between the summary procedure, make both don’t have to confuse. And small litigation procedure is a new type of independent legal proceedings, it is different with other features and functions of the litigation procedure, characteristics and function of specific detail about it, to distinguish small litigation procedure thoroughly and to define its unique connotation.The second part discusses the small is how to use in the judicial lawsuit procedure. Small litigation procedure applicable case has particularity, the case in the judicial practice whether to apply to be a small procedure applicable condition review, quantities, the nature of the case and case to review, can decide whether to apply. Also small litigation procedure is described in detail the specific procedures, involves the prosecution and defense, evidence collection, organization, court, judicial documents making, etc.The third part explores the small problems in the judicial proceedings in the judicial application. National courts currently widespread applicable rate is not high, small procedure applicable case type concentration range is not wide, applicable extent there are differences between different regions, and in some places to promote small proceedings right deprived of the parties, and some local small strong position abuse proceedings are used by the parties. The existence of these problems based on the data of the courts at all levels in zhejiang province, analyzed the chart, the more increase the rigor of the article.The third part discusses the existed problems in the judicial application of small procedure countermeasures. Small litigation procedure in legislation, in practice there are still some problems. So on the one hand, from the legislation to perfect small litigation procedure, such as the case scope expands, process simplification and the most important for the perfection of the relief rights. From the court itself, on the other hand, we put forward some concrete countermeasures at present in practice operation, such as for small lawsuit cases in grass-roots court equipped with special agencies or judge, conversion with other programs to establish small procedure for examination and approval system, to find whether apply small proceedings between the parties and the court of equity, and optimizing the resources distribution of existing trial and the trial process, fully protect the litigation rights of parties, etc.