On The Improvement Of Small Claims System

With the rapid development of economic reform and opening up,civil litigation is increasing.In a large number of civil cases,the proportion of small claims disputes to occupy more than 50% of the total cases.But trial extremely inefficient led to the court case backlog and the parties spend too much time,energy and money in litigation.Small claims procedure is to solve the above problem arises at the historic moment,and developed countries in the world rapidly.In 2013,our country established the small lawsuit system,but it is to rarely apply.There is legislative reason,also has the reason of the judicial environment.Our law has no enough attention to small claims,and just as a summary of a simplified procedure again.From the perspective of the provisions of the law,and does not give the parties the right to choose.Besides,under the background of judicial security administration mode,the judge for fear of wrong case performance appraisal system and can't easily choose small procedure of the first trial final appeal.Based on the above reasons,with combined with foreign advanced experience and the special national conditions of our country,we should perfect though two measures.From the aspects of legislation,not only in order to establish the value orientation of serving the people,but also to separate small proceeding from the law.Giving options for small proceedings by the parties,and set the jurisdiction of the scope of accepting cases.In legal ways,we should build special small claims procedure performance appraisal system and so on.