Research On The Remedy Mechanism Of Small Claims

As a new part of the new civil procedure law and its interpretation,the small litigation procedure originated from the civil expedition trial practice in the courts of our country at the beginning of the 21st century.The aim of the small litigation procedure was to reduce the number of court cases of the dilemma.On the basis of safeguarding the rights of the parties,the effective use of litigation procedures to improve the efficiency of litigation,to achieve litigation effectiveness.However,in the process of advancing the newly revised Civil Procedure Law,the application rate of small litigation procedure is far lower than the actual expectation,but the application rate is significantly lower than that of the previous civil speed stage.The parties that meet the conditions of application of small litigation The way to safeguard their own interests,did not give priority to the application of this fast and efficient proceedings.The types of cases,the admissibility rules and the rules of the trial are subject to a certain degree of concern and perfection.But not yet effectively solve its application in practice is low,the program is not standardized and many other issues,China's legislation and judicial practice did not small lawsuits relief mechanism for specific provisions and interpretation of the lack of a wide range of relief mechanism It must not inspire people to take the initiative to choose efficient and convenient procedural rights of desire,so that judicial practice in the small proceedings to choose the application of little effect.Therefore,the author based on the civil law and Anglo-American legal system of small litigation relief mechanism of legislative experience and practice,combined with judicial practice and academia existing theoretical point of view,with a view to breaking the small procedural relief mechanism of the real difficulties,Solutions and corresponding legislative recommendations.This paper is divided into four chapters on this issue,the chapter under the section.The chapters are as follows:The first chapter is the study of the theory of small litigation relief mechanism.It is divided into three sections,which mainly explain the legal connotation,theoretical basis,necessity and function value of the small litigation relief mechanism.Through the analysis of the legal concept of the small litigation relief mechanism,the small litigation relief mechanism to do a preliminary understanding.Depth study of the theoretical basis of its establishment and the necessity of its existence is the basis for the effective use of small litigation relief mechanism in legislation and practice.To discuss its functional value,we will help us to find the balance of the relief mechanism in the interests of the parties and the efficiency of litigation.In the second chapter,the practical problems and the causes of the small litigation relief mechanism are discussed in depth.This chapter is divided into two sections.In this chapter,from the perspective of the practical problems of the small litigation relief mechanism,,The provisions of the specific causes of uncertainty.At the same time,it is necessary to summarize the concrete manifestation of the small litigation relief mechanism in practice by analyzing and summarizing the effect of small litigation relief in order to make feasible guidance and suggestions for the future establishment of a sound relief mechanism for small litigation.The third chapter focuses on the comparison and analysis of the small litigation relief mechanism in representative countries or regions.It is divided into four sections,and the author analyzes the resettlement mode of the Anglo-American legal system,which is headed by the United States.The referee dissenting mode,the double relief of Korea and the relief mode of the proposed performance system,as well as the special appeal relief mode and its judicial practice in Taiwan and Hong Kong,and provide useful experience and reference for perfecting the remedy mechanism of small litigation.The fourth chapter is the perfect proposal of the small procedural relief mechanism,which is divided into five sections.This chapter focuses on the specific procedure construction and the way choice from the angle of referee objection,retrial procedure,limited appeals procedure,execution mode and dispute resolution,Based on the overall construction of relief mechanism perspective for China's small procedural relief mechanism put forward rationalization and feasibility recommendations,with a view to sound and optimize the small procedural relief mechanism,so as to facilitate the practice of judicial trial.