Research On The Legal Procedure Of Small Claims

The legal procedure of small claims refers to the small sum of civil cases, the special petty lawsuit court or grassroots small procedure law schools use relative to the summary procedure, more concise and convenient procedure, in th late 20th century, The Britain and the United States and other countries to solve complicate case procedure, have set up a small procedure. Outside a small litigation development early, legal framework system is relatively sound, in the process of judicial practice also achieved outstanding results. Pace the same predicament, to split a civil cases,, easing the burden on the court, The 2012 Civil Procedure Law in chapter 13 of the summary’procedure set up under tho legal procedure of small claims, which becomes a major bright spot and a major breakthrough in the Civil Procedure Law modified. The supreme people’s court in December 2014, also by civilian law judicial interpretation and began on February 4,2015, including more than 10 applicable to small lawsuit concrete to explain. But the rules are not detailed and reasonable, The lack of right relief program, the parties in the trial with other program transformation of fuzzy rules, the legislation is not fully embodies its independent value, etc., all thole factors is closely related to small lawsuit lower rate shall apply. To solve the above problems, the author consul t a large number of data for the related research, write this article.This paper is divided into throe main parts, the first part is a general overview of the small lawsuit, including the concept, legislative background, the value of a small procedure function and compared with the related systems; The second part is the understanding of the article small procedural lam and judicial interpretation, characteristic analysis, summed up the problem of small lawsui t system from two aspects in our country, points out that at present our country the independence of the small lawsuit or independent value not reflected on the legislation, is not conducive to its program function; The third part is the improvement of the system of small action suggested, including the embodiment of the legislation on the independent value, right relief system, suitable case type adjustment, program transformation and compulsory mediation before litigation mechanism to build five aspects. Innovation point of this article is the embodiment of the legislation on small litigation procedure independence value, and to demonstrate its independent program value for perfecting Suggestions from two aspects, advocate. At the same time, the author also put forward from five aspects to perfect the idea of a small procedure.