Research On Small Claims Litigation Procedure In China

With the development of economy the increasing number of civil cases,there exist contradictions between the limited judicial resources and unlimited judicial demand,in order to let more people access to justice,the small claims procedure arises at the historic moment.At the beginning of the 21 th century,China began to introduce small claims procedure,in 2011 China began the pilot work in the country's more than and 90 base the courts,the August 2012 amendment to the civil procedure law establishes the explanations of the Supreme People's court lawsuit system.2015 issued the People's Republic of China on the application of the Civil Procedure Law,on the small claims procedure more detailed explanation,provides a legal basis for the complete procedure.At present,the development of grassroots courts in the application the lawsuit procedure,although there is a certain effect,but there are also many problems,the small claims procedure also needs further improvement.Study on the procedure of the program starts from the application of the status quo,according to the analysis of the basic idea of the program,clear the applicable to simple,small amount of litigation disputes,the main types of payment of civil cases.The procedure is based on the efficiency of litigation,litigation justice,expense equivalent principle,optimize the allocation of judicial resources on the extraterritorial procedure.Through comparative analysis,in order to inspire our country.At the same time,with the typical grassroots courts as the object of study,analysis of our country in recent years about the procedure of judicial practice,the present situation and achievements of application were analyzed.The small claims procedure has many problems in the operation.There is a deviation in the aspect of justice concept,ignoring the procedure option of the parties,lack of execution system,the holder of the relief measures to such problems as incomplete.The perfect small procedure should be combined with the actual situation of our country,on the basis of the results to grass-roots court summary analysis of the mature experience of other country.Update ideas,let the judge applies when small procedure idea is just as important as justice and efficiency;Program options,give certain options,the parties have applied combined with force;Implementation,further improve the execution system and way of execution;The holder of the perfect remedy,etc.Only further improve small litigation procedure,can be better for the program,truly balance of efficiency and fairness.