The Research Of Small Litigation Procedure In The Civil Procedure Law Of The People's Republic Of China Perspective

Small litigation procedure,as the rapid development of market economy,people's consciousness of rights to further strengthen,civil disputes caused by the rapid growth of the judicial resources are scarce and the people of judicial resources infinite demand contradiction of harmonic one way,since the 20th century,has been attracting the attention of western countries and the whole world,and become one of the focus of the civil litigation system reform.The characteristics of its program is efficient,convenient,low cost is a common legislative idea,set up effect is also evident in the judicial practice,to a large extent eased the public litigation pressure the contradiction between demand and court judgment.With the rapid development of social economy,people work and lifestyle are increasingly rich,which makes people also increasingly diversified in the form of a dispute.Especially with the popularity of the rule of law thinking,the growth of awareness of civil rights,the minor rights disputes occur frequently in people's field of vision,and for the rights of minor disputes in our country summary procedure has been adopted to deal with,and the limitations of the summary procedure itself does not meet the minor rights disputes efficiency,convenient processing,it's easy to make a slight holder wander outside the court,gave up after weigh the pros and cons of mild namely small rights activist,lost the opportunity to close to justice,close to the judicial rights.Old law proverb points out that "no remedies,no rights",even small rights should also be provided to accommodate the relief program to protect the legitimate rights and interests of citizens,this also is the important feature of the country under the rule of law,so there is an urgent need to formulate corresponding to small rights disputes relief program.But throughout our country judicial organ to hear cases of pressure,especially civil and commercial cases disputes rapid growth with the growth of the national judicial resources limitation is difficult to reconcile contradictions,and hope to increase the country's judicial resources to meet the demand of people infinite litigation is clearly irrational,therefore,how to improve the effective utilization of national judicial resources and efficient configuration,alleviate people pursuit of growth and the scarcity of judicial resources,has become the focus of the civil litigation system reform.This kind of contradiction,the foreign advanced society under the rule of law in the 1960 s have made a small procedure,specially designed for small holder relief procedure,effectively easing demand growth and the contradiction between the scarcity of judicial resources,let more people close to justice,close to the judicial rights,small Japan taniguchi anping has praised lawsuit is the best so far see civilian reform.Experience through the untiring efforts of judicial practice and judicial theoretical research for many years,our country finally in the 2012 revision of the civil procedure law of the People's Republic of China(hereinafter referred to as the act of the people v.)added small litigation rules,the growth of the appeal to the public responded to the and the contradiction between the scarcity of judicial resources,but the provisions in article 162 of the only a rule,no small litigation procedure to link specific provision,though China's supreme people's court issued in January 2015,the supreme people's court about apply "the civil procedure law of the People's Republic of China>the explanation of(hereinafter referred to as the "civilian judicial interpretation"),the second article seventy-one to article two hundred and eighty-three of the new civilian law provisions on the procedures of small suit,but the rules are few also is not complete,and belongs to the status of the judicial interpretation,makes our country judicial practice on the application of the small lawsuit,especially on the legislation and applicable in many embarrassing questions,needs us to research and solveTo this,this article mainly divides into four parts to our country xinmin v.method after the implementation of small proceedings under the background of research:the first part,mainly from the concept of a small procedure,small litigation procedure litigation small quantities,independent judicial procedure,trial process characteristics such as simple,careful integration as well as the functions and social significance for the basic theory expounded,and the differences between and the simple litigation procedure in our country has carried on the comparative analysis;The second part,mainly discusses the legal status of small litigation procedure in our country,back to the 1980 s when China's reform and opening to the outside of the legislation history of the small litigation procedure in our country,and layer upon layer thoroughly analyzed our country small litigation procedure legislation,apply on the main problems,and the small program dependencies in the summary procedure,no independent courts and judges,ignore the procedure option,perform system is imperfect,lack of corresponding relief system combining with the practice of emphasis;The third part,on the basis of exploring problems,to two major legal systems for the class to overseas foreign small litigation procedure,and it is concluded that the program options,effectively prevent lawsuit abuse and specialized trial obtain beneficial enlightenment for reference,and combining with the practical situation in our country,to perfect the system of small litigation procedure in our country.The fourth part,in this paper on the basis of the foregoing three parts,suit small lawsuit purpose is to make people close to the justice,this kind of close to more should reflect not only embodied in the theory,in practice,therefore to set up small lawsuit system,we should base on national conditions,analysis of the defects of the system and the particularity,draw lessons from the international successful legislative experience,from the viewpoint of the integrity of system design,design embody Chinese characteristics of small lawsuit system,this paper respectively corresponding to the second part puts forward small litigation procedure in legislation and the application of existing problems put forward the perfect Suggestions,hope is good for research of small procedure in our country.