The Improvement Of The Small Litigation Procedure

Small Claims Procedure have been widely adopted in many countries and regions of the world, to follow the development of the demand in 2012, the newly revised Civil Procedure Law provides for small claims procedure, but only one statute. The good news is in the February 4, 2015 just released a judicial interpretation of Civil Procedure for Small Claims Procedure do new and detailed provisions, so that small claims procedure has been further standardized, but some issues remain unresolved and existing procedures applicable rate is not high, the practice is not an ideal situation, there is a need for further research on the program, we put forward a sound advice. Based on the above results of previous studies, literature analysis, data analysis, comparative analysis and other methods, to introduce research experience as well as our small claims procedure appears in the extraterritorial legislation and practice issues in the analysis of the current after the system is imperfect place, we made a series of improvement programs.This paper is divided into four parts. The first part of the small claims procedure to clarify the concept and function. The second part is the small claims procedure and other programs in particular is a simple procedure compared to more comprehensive understanding of the small claims procedure. The third part is the reason for the existence of the Current Situation and Problems of Small Claims Procedure generated for analysis. Part IV presents sound advice and countermeasures on the basis of summary earlier on, mainly to improve the legislative model, the specific design of the system, remedies and enforcement procedures, in order to improve our small amount proceedings.