Research Problem Of Petty Lawsuit Judicial Practice In China

The establishment of the new revision of the civil procedure law to establish the small claims procedure, make our country court in civil judicial activities have new trial procedure and produce China’s current judicial system important influence. The constitutional concept of judicial efficiency is a part of justice, small claims procedure system in our country law and regulations in the practice application, making judicial efficiency become reality, so that the public have the opportunity to access to justice, it is helpful to enhance public trust, establish judicial system. But in practice, the relevant legislation is not complete, the fuzzy rules, the lack of professional judicial institutions and people’s psychological conflict, lead to the embarrassing situation in the judicial process in small claims procedure for low rate. And western countries law system and other civil law of main developed countries relatively early start apply the small claims procedure, they in constant practice and legislation circular accumulated more advanced experience, some useful experience for our country in the application of small claims judicial practice has a positive inspiration and reference. This paper is based on the empirical investigation of grass-roots court and the sent court small claims procedure program, raise up open option, reduce the program start standards and remedy measures to endow the parties with different debate and set up a special trial organization, set up supervision mechanism, countermeasures and suggestions, for the future of small claims procedure in China legislative and institutional construction to provide a reference for statistical and practical judicial, in order to improve China’s small claims procedure justice system, so that the system can actually save the judicial resources and to facilitate ordinary people and realize law advocated the value of fairness and justice.This paper is divided into four parts:The first part is the basic theory of the small claims procedure, and analyzes the concept and extension of small claims procedure, a comparative analysis of the small claims procedure and simple procedure basic difference and connection, to from the connotation and extension of the comprehensive understanding of the small claims; summarizes the basic features of small claims procedure; finally, demonstrates the theoretical basis of small claims. I think, fairness and efficiency balance and differentiation program principle is small claims should adhere to the basic idea of the amount of.The second part is the minor civil litigation in China’s development present situation. Firstly, explained the jot lawsuit system in some regions of our country present situation of application, and small claims procedure in judicial practice problems and the reasons were analyzed, waiting to be solved.The third part is the comparative research of the small claims procedure. Through some countries the small sum litigation procedure mode analysis, interpretation of the neighboring small claims procedure on the amount of reference and inspiration. At the same time, we should be a dialectical view of the rest of the system, not blindly draw. Take the essence to the dregs.The fourth part is the improvement of the small claims procedure in China. Through the above two parts of the analysis of the problem, the paper summarizes the experience, combined with neighboring countries advanced experience and legislative mode, analyzes the basic principle of the construction of small claims procedure and in principle, concrete system and related security system is discussed, and some suggestions to improve the small claims procedure in our country.The innovation of this thesis:prominent small claims in judicial actual existence problem are discussed and two pilot in the small claims procedure of actual investigation and interviews, summed up the problems that exist in practice, understanding behind the practice in small claims procedure is not satisfactory, and sums up the commonness of the advanced experience of foreign countries, and puts forward suggestions for improvement.