Remedy Mechanism Research Of The Judgment In Small Lawsuits Of China

In January 2013, with the new “Civil Law” come into effect in our country, the small claims procedures whose purpose is to quickly resolve disputes and to improve trial efficiency implements officially. However, since small litigation procedure come into practice, across the court the applicable rate is not high. The reasons for this situation is that the relief mechanism for small lawsuit the referee did not make provision. Modification of the civil procedure law since 2012, the academic circles debate. In 2015 the supreme people’s court issued a judicial interpretation of the civil procedure law. Provisions for small lawsuit by the parties refuses to accept the referee can through to the original court for retrial for relief.However, how to understand and apply the rule still needs to be refined and further research. And still no matter the low efficiency of retrial procedure, as a special relief program, is suitable for small lawsuit relief by the referee for the stability of program is also a great harm. Therefore, it is necessary to outside of the retrial procedure set a common remedy mechanism which is used for the decision of the small lawsuit relief.This article is divided into four chapters:The first part is the overview of referee remedy mechanism small lawsuit cases in China.The second part for the small lawsuit cases in China the present situation of the remedy mechanism and judicial dilemma. The third part is the outside small lawsuit referee remedy mechanism. The fourth part is the relief mechanism of perfect small lawsuit cases in China.