Research On The Reasons And Countermeasures Of The Low Application Rate Of Small Claims Procedure

Since small claims procedure is established,under rare conditions has it been applied.This has risen questions on the legitimacy of small claims procedure.It is urgent and necessary to study on how to increase the application rate of small claims procedure and to make it flourish and realize its proper value.Basing on the current situation of the application of small claims procedure,this article selects the statics from People's Court of L district in Linyi on the cases applied small claims procedure as the chief source and analyzes the cognizance type,the settlement way,length of trial and the positive and negative effects of the cases applied small claims procedure.This article looks for the reasons accounting for the low application rate of small claims procedure from various perspectives including the design of the rules,parties,proxy,mentality of judges and the procedure inside the courthouse.Based on this,practical advice is proposed by rationally analyzing the scope of application,procedures of trial and relief and systems of mediation and prevention of indiscriminate lawsuits and perfection of relevant rules,expected to benefit the development of small claims procedure.