Empirical Analysis And Legal Implications Of Small Claims Procedure

The Small Claims Procedure in theory into broad and narrow. The narrow Small Claims Procedure is a kind of civil cases were all models shunt, to improve the work efficiency、promoting judicial proceedings for the purpose of public service.,but the Small claims procedure in the broad sense and traditional summary no strict distinction,both are different only in the prescribed amount on the subject of litigation only. Mainly refers to the small claims procedure, when the Grassroots people’s courts and its court sent accept the subject matter of litigation smaller or the special types of Civil Disputes,simplified proceedings, and create a new program in judicial reform Adapt to changes in social development to adapt the changes of the social development. The Small Claims Procedure, Common procedures and summarily parallel composition three separate proceedings.In recent years, the courts in civil and commercial cases increased dramatically in our courty, Amount of various litigation target private lending case、 labor disputes and other cases accounted for a large proportion, the Small actions can quickly and efficiently resolve disputes,in this context, it became keen to issues discussed in theory and practice. After years of exploration, the Small Claims Procedure to formalize in the new Civil Procedure implementation on January 1, 2013. Because of the late start,On the legislative and judicial are still in the exploratory stage, procedural requirements imperfect、lack of appropriate supporting systems, etc in Practice, lead to the application of lower rates of small claims procedure, the role of Small Claims procedures did not fully play out. I n Jiangsu Province of Lianshui Court’s Small Claims to carry out an Example, there are still problems at the institutional level and the operational level inSmall stage of the proceedings. So, rules should be established to hear Small Claims Procedure, including setting a separate small claims procedure, expliciting the applicable conditions and scope of the case, the case of proceedings, perfection of Small Claims procedure conversion rules, perfect execution and other supporting preservation program, and relief program. In rational allocation the Small Claims Procedure of judicial resources aspect, set up an independent tribunal of Small Claims, Thereby enhancing the value of small judicial proceedings, give full play to the role of small claims procedure in judicial practice.