On The Perfection Of Small Claims Procedure In China

Since the early 20 th century,the rapid development of social economy and ordinary citizen consciousness change,leading to a large number of civil disputes.The courts of all countries are generally faced with enormous judicial pressure,and the original litigation system has been unable to solve the contradictions of the court case.In order to resolve these disputes and save limited judicial resources,many countries have established different from the traditional procedure of small procedure to achieve the classification.In 2013,China's legislation formally established a small litigation procedure;the addition of the procedure is undoubtedly of great significance.As China's small litigation process is in the initial stage,therefore,the construction and improvement of the program is even more important.Because the improvement of small litigation procedure is a huge project,this article only analyzes and discusses the application of small procedural procedure,procedure conversion and referee objection.This article includes the introduction,the text and the conclusion three parts,in which the body consists of five chapters,the main contents are as follows:The first chapter starts from the definition of the concept of small litigation procedure,introduces the special background of the small litigation procedure,analyzes its legal basis and clarifies its inner concept value.And then on China's small lawsuit on the status of legislation and the status quo for further introduction and evaluation of justice.The second chapter is based on the analysis of the procedural option,the procedure conversion mechanism and the first instance of the final trial production,and clarifies the theoretical direction of the improvement of the small procedural procedure in the applicable part,the procedure conversion and the referee objection.The third chapter begins with the debate on the subject qualification of small litigation,and establishes the principle of applying the principle of equality with foreign experience.Then,according to the mode of compulsory application of small litigation in our country,it is suggested that our country should give the procedural option of the parties,and the small suit procedure can choose the mode of compulsory application and consensual application.The fourth chapter first points out the necessity of the conversion of small litigation procedure in our country,and introduces the provisions of China and foreign countries on the conversion of small litigation procedure,and then clarifies the path choice of small procedural conversion in China.The fifth chapter analyzes the current remedies of the small litigation procedure in our country,and combines the remedies of the three small litigation procedures abroad,and draws the way of the remedies that our country can learn from outside the court.