The Research On The Operation Of The Small Claims Procedure And Its Problems In China

With the rapid development of economy,in order to solve the contradiction between the people's growing awareness of legal rights and the limited judicial resources,many countries or regions in the world have enacted legislation on the small claims procedure.In 2013,the small claims procedure formally entered the judicial practice.Interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China in 2015,in the summary procedure,the small claims procedure is established,which provides a relatively complete legal basis for the small claims procedure.At present,grassroots courts throughout the country are actively applying the small claims procedure for small cases.Although there are many achievements in the implementation of the process,there are some problems,the small claims procedure has yet to be improved.In this paper,the concept and characteristics of the small claims procedure are analyzed,and the relevant laws and judicial interpretations are introduced.It is clear that the small claims procedure is applicable to the civil cases with small targets and simple cases.The function of the small claims procedure is to save the cost of litigation and improve the efficiency of litigation.In this paper,some typical courts in our country are the objects of investigation,the status and effect of the implementation of the small claims procedure are summarized.There are some problems in the operation of the small claims procedure.In the aspect of legislation,there are some problems in the small claims procedure,such as the demarcation of the target amount is not scientific,lack of specialized judicial bodies and the remedy of the parties are not perfect.In judicial practice,there are some problems such as the low rate of application and difficulty in service.The improvement of the small claims procedure should be based on the basic situation of our country,and on the basis of the results of the implementation of the grass-roots courts,and on drawing lessons from the mature experience.In terms of legislation,according to the actual situation to set the target amount of small claims,setting up special small claims courts,taking some measures to remedy the first instance,etc..In the judicial practice,we should strengthen the communication between the judge and the parties,improve the performance appraisal system,standardize the trial procedure,further optimize the judicial resources,and improve the judge's professional ability.Only when we seriously consider and study the small claims procedure,and discuss and solve the problems in the judicial practice,we can better apply the small claims procedure,so as to achieve the balance between efficiency and fairness.