Try To Talk About The Perfection Of Small Claims System

With the rapid growth of China's economy,a variety of economic disputes emerge continuously and the people's legal awareness is growing,registration system has beeb implemented in China.The people hope to resolve disputes through litigation,which results in the large grouwth of civil litigation.Thus the scarcity of judicial resources and the demand of people become an inveitable contradiction.In many disputes,the small disputes related to the vital interests of ordinary people account for the vast majority of ordinary litigation procedures,which become a burden to the court and the litigant in financial human and material resources.The final effect of litigation and the time spent is not proportional,which contributes to many litigants give up their legitimate rights and interests or after the proceedings of derogatory interests.As a result,a proceeding to develop a quick settlement of small disputes is required in China.January 1,2013 China officially began to implement the new "Civil Procedure Law",wherein a breakthrough is made by adding the small litigation procedures related to the system.Thus small proceedings entered the people's eyes.However,the small lawsuit of the legal provisions is general.Then on January 30,2015 the Supreme People's Court promulgated the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China,in which a series of detailed provisions on small procedural attempts to transform small litigation was made to change the embarrassing situation of the program.After several years of practice,the implementation of small litigation is still unsatisfactory.The judicial interpretation of the small litigation process is not perfect and the small lawsuit has not yet become a complete system,it can not meet the needs of the current practice.After the comparion with the small litigation procedure in other countries and regions,this paper finds out the shortcomings of our country,draws lessons from the practical experience of our country and draws lessons from the advanced legislation theory and advanced experience.In view of the main problems of the current small litigation procedure,and the amount of litigationstandard,the litigation,and the remedies of the parties,we think and perfect it to imporve the small lawsuit and play its great role in achieving its legislative goals.This paper consist of three parts:The first part introduces the origin and development of small litigation procedures,and illustrates the characteristics of small litigation procedures and introduced the background and legislative process of the small litigation procedure in each country.The second part introduces the current situation of small litigation in our country from the legislative level and the practical level,and finds out the problems of the small litigation procedure in our country.In the thrid part,to solve the problem in the second part,we make comparison with other countries and regions.Combined with China's national conditions,we find a suitable for the development of small lawsuits in China,and elaborated The purpose of setting up small litigation proceedings.