On The Perfection Of The Small Claims System In Our Country

After the reform and opening up, the economic construction, the development of the market economy, the rule of law concept gradually popular, the use of legal weapons to protect the rights and interests, a large number of social contradictions and disputes into the court, in particular, the increase in civil disputes, the trial of the shortage of resources caused by the continued increase in the number of trials. To make full use of the value of litigation efficiency, we introduce the small litigation system in our country’s most newly revised civil procedure. It can further improve the efficiency of litigation, more convenient to resolve conflicts and disputes, reasonable allocation of limited judicial resources, fully exert the judicial power, consolidate the judicial authority, small litigation relative to the original procedure has great value advantage.In some countries and regions in the world, the small claims system has already started to use, and has formed a relatively mature experience. The author study the small claims procedure in civil law system and the civil law system in some areas. After the introduction of the new civil procedure law in China, the small claims procedure in some areas of the pilot run, in the judicial practice has played a rapid increase in the efficiency of the proceedings, but also exposed some problems in the course of operation. These problems have restricted their application in judicial practice, and the latest revision of the civil procedure law judicial interpretation, although the small program made a further explanation, but there are still a lot to be improved. As a civil justice, the author has deeply realized that a perfect reasonable civil procedure in the work and study of civil procedure to solve the dispute, the legal effect and social effect of the meaning and value, the perfection and application of small claims are full of expectation.This thesis is made up of four parts:The first part: the principle of small claims procedure. Small claims procedure can provide more quality and more efficient litigation services to the public. It can ease the tension of judicial resources allocation. It can reduce the cost of litigation, further improve the efficiency of handling the case. Through the analysis of the value of its litigation and its characteristics, the analysis of the value of the small claims procedure. Although the small claims procedure is a simple procedure in the legislation, it is different from the traditional simple procedure in many ways.The second part: the development and application of small claims procedure in different regions of the world. The development of small claims procedure in our country is relatively late, and some market economy developed earlier. Through comparison and summary, the small claims procedure in many countries shows some differences and characteristics, and the problems encountered during the development and the mature experience are worthy of reference and reference.The third part: the experience and problems of the small claims system in China. At the beginning of the design of small claims procedure, China has carried out fruitful experimental work, and has formulated and perfected the relevant supporting mechanism according to different situations. Through the research of the application of judicial practice, the author finds that there are still needs to improve and perfect the system design in the field of small claims procedure in our country.The fourth part is about the perfection of the current small claims system. Through the comparative study on the legislation and the judicial level, the author puts forward the idea of perfecting the system of small claims: first, perfecting the system of small claims, perfecting the relief mechanism; three is the flexible and adjusting measures according to local conditions; perfecting the dispute settlement mode, the application of the procedure is allowed to choose; the five is to improve the efficiency of the special court.