The Status Quo And Institutional Reflection Of The Application Of Small-scale Litigation Procedures In China

The rapid economic growth has spawned a large number of small and micro economic disputes,the ability to resolve disputes in a timely and effective manner,not only a direct test of the capacity of the court trial,but also related to the interests of the parties can be achieved in a timely manner.In order to improve the efficiency of the trial,alleviate the pressure brought by the "litigation explosion",in August 2012 the newly revised Civil Procedure Law formally introduced the procedure,the Supreme People's Court on the application of the 2015 implementation of the PRC Civil Procedure Law interpretation of procedure implementation details further clarified.In this paper,the basic research on three places of J province as samples,analyzes all kinds of problems existing in the operation of the small claims procedure in the process,and makes a further study on the existing problems,puts forward improving measures.The main content of this paper includes the following four parts:The first part is about the legislative background and value orientation of small claims procedure in China.The basic concept of this part of the procedure were introduced,and the procedure of the legislative background and value of procedure to be analyzed,pointing out the importance of small claims procedure in China and its application prospect in the legislative process.The second part is the operation of small claims procedure in China--a case study of the three places in J province.This part is based on the survey of the three courts in J Province in March 2016 and August,the author has a comprehensive investigation of the implementation of the small court proceedings of the three courts,this paper makes a comprehensive analysis of the existing problems in the process of operation,and tries to restore the operation of the program in the basic practice.The third part is to improve the system of small claims procedure.This part mainly deals with the improvement measures in the third part of the program,and puts forward the improvement of the procedure from the aspects of jurisdiction,admissibility,procedure conversion,relief system,evidence system and so on.The fourth part is to realize the supporting mechanism of the value of small claims procedure.The improvement of small litigation procedures can not be accomplished through purely procedural self-reform,but also on the coordination of a series of peripheral mechanisms.This section focuses on the improvement of the supporting mechanism for improving the efficiency of the small litigation procedure,and puts forward the corresponding improvement opinions.