Research On The Small Amount Of Proceedings In China

In recent years,with the development of economy all kinds of frequent disputes has improved the public awareness of rights and the number of civil cases in China continued to rise.In order to divert the civil cases and relieve the burden of the judge handling the case,at the same time,to improve judicial efficiency and reduce the cost of litigation,legislation of our country combined the judicial practice and the situation of our country to develop small claims procedure in the processes of amending the civil procedure law in 2012,and gave further explanations in the law of judicial interpretation in 2015.Legislation of small claims procedure has great significance for the judicial practice.On the one hand,it not only reduces the difficulty of the citizen to enter the litigation,but also guarantees clients realizing their rights through the convenient and fast litigation.On the other hand,it saves the judicial resources and makes the judicial resources of our country get reasonable use.However,in the new "Civil Procedure Law" and relevant judicial interpretation in the establishment of small claims litigation,the relevant details of the issue are not unified and clear,which results in the implementation of the small litigation system in the judicial practice is not ideal,clients and the judges showed negative and cautious attitude towards small amount lawsuits system.There exists chaotic relationship of legal structure in small litigation system,the lack of the procedure interests of the parties,the absence of rules and regulations and the limitation of the system of relief channels.To perfect our country's petty lawsuit system,we must set up the independent small claim procedure,safeguard the litigant's procedure benefit,formulate the small procedure to try the rule and perfect the small lawsuit relief way.Combined with our current situation of constructing small claims procedure,taking JXLN Court of small claims procedure system in the judicial practice for example,comparing with national small claims procedure,the article does a systematic exposition and comparative research and analyze problems existing in China's small claims procedure in the process of practice,and points out that the construction of small claims procedure in our country should be taken into account factors,with a view to China's construction of small claims procedure benefit.