Small-scale Litigation Procedures Improve Research

Early twentieth century,the civil judicial reform on the theme of "Access to Justice" has carrying out gradually in the world.Small Claims Procedure emerged from this reform,which originated from the United States,continue to learn and improve through after Germany,France,Britain,Japan and other countries and Taiwan of China,gradually absorbed by all of the countries (regions) in the world in their Civil Procedure.By absorbing and learning their advanced legislative experiences,our country amended the "People's Republic of China Civil Procedure Law," in 2012,add up Small Claims Procedure of Article 162,which marks the establishment of Small Claims Procedure in the field of civil litigation in China.Small Claims Procedure is the product of a civil action in multi-game,which is the subject of the case the amount is small,the procedure is more simple and flexible,to encourage their participation in the proceedings themselves and the greater competence of judges.In addition,the small claims procedure exists and running with its own independent value function,the essence of this procedure is access to justice,efficient litigation,and litigation economy.However,through analyzing the cases nearly three years in seven grass-roots court of B city(including its dispatched tribunal)in judicial practice,showing a lower rate applies,closed way mediation withdrawal rate,alienation and other types of cases a single trend,it can not reflect the original intention of setting.Through looking at the above-mentioned alienation,I found that the presence of small claims procedure B City Court exclusion applies,the parties have refused to apply the case and the parties can not be applied.On this basis,we need to reflect our current provisions,to dissect the problems in this area:deviation legislative purpose,the independence of the absence of the program,the program option is missing,the scope is unknown,and among other programs to convert fuzzy right remedy the shortcomings.Stones from other hills we can learn.To achieve the proper value of the small claims procedure,we need to summarize and compare analysis Small Claims Procedure outside the Two Countries and Taiwan of China,in order to be able to learn from the advanced experience reasonable,so we can use it for our country.Finally,based on our current legislation and judicial environment,for the six ills of Small Claims Procedure in our country,I put forward a perfect speculations: the establishment of the legislative purpose of the party's standard;the small claims procedure from summary proceedings stripped out,the use of a special chapter of the legislative model;given the parties the right to choose a certain program on program start;the scope of clarity small Claims procedure;set reasonable and efficient program conversion mechanism during the proceedings;establish effective on the right to relief viable way to review and improve the trialsupervision procedures in order to optimize the benefit of civil procedure in our country.