Research Of Applicable To The Proceedings Of Small Claims

In today's society, while rapid economic development, awareness of the rights of citizens are gradually strengthened. When civil disputes can not be resolved through conciliation, mediation and other private relief means that citizens are often willing to safeguard their legitimate rights and interests by means of judicial remedy, which is called public relief. Thus, more cases before the Court, Which contains a large number of small lawsuits, such as "a dollar case". In order to quickly resolve such Small claims cases, relieve pressure on the Court's judgment, our Small Claims Procedure was finally worked out in the amended of the Civil Procedure Law, which revised in August 31, 2012.Relative to other countries and outside regions, our theoretical research and judicial practice of microfinance proceedings started late. The amendments of Civil Procedure Law, which formally joined Small Claims Procedure into the law is a big step forward in the legislative process of Civil Procedure Law. But it is undeniable that our Small claims procedures still have many defects. This also led to China's Small Claims Procedure create problems in the application process in judicial practice. This paper aims to through the study of Small Claims Procedure's legislative purpose, the applicable scope of the case and the Relief Channel of Small Claims Procedure, to improve China's Small Claims Procedure.In this article, firstly the author based on the legislation of mall claims procedures. By the means of elaborateing the background and institutional context of the join of Small Claims Procedure into the law Realistic to clarify its purpose.Secondly, the author studies whether to implement the legislative purpose of the Small claims procedure in practice, as well as the embarrassing situation that it is “idle” in practice. The author combines Small claims procedure's target amount and scope, and institution of the First Trial by Last Instance, to clear the issues that the cases target amount is larger and the relief is insufficient in the application of Small Claims Procedure.Thirdly, the author analyzese the legislation of Small claims procedures' scope of application and the relevant provisions of extraterritorial legislation. By comparing the two, the author clears the reference significance to China of extraterritorial legislation. Then the author explains the determined basis of Small Claims Procedure Scope.Finally, through the study of first instance final system of Small Claims Procedure, and academic's debatation on the applicable remedy of Small Claims Procedure, the auther illustrates the need for small claims procedure to determine the Relief Channel.Such as the protection of the right to appeal, the principle of justice that where there is an error there remedies, litigation efficiency, the balance of litigation costs and justice, judicial authority and judicial trust, etc.On this basis, the auther put forward remedies that our Small Claims Procedure should select the appropriate.