On The Application And Perfection Of Small Claims Procedure

With China's economic and social development and the deepening of reform of the judicial system,the interests of the masses has been hitherto unknown attention,once the interests are infringed,people will try to choose to appeal the case by the people's court in the amount of rapid growth.Especially the consumption era,small disputes continued to increase,while the ordinary procedure in the treatment of small disputes has low efficiency,fast processing is not conducive to the case,the people's court to increase the burden of work virtually,unable to meet the actual needs of justice.So our country from France,Britain,Japan,Germany,Hongkong and other countries and regions China,officially implemented in January 1,2013 revised "Civil Procedure Law",for some small amount,the case for simple cases with small procedure,the implementation and improvement of small disputes don't take the original ordinary procedure,but the implementation of the special procedure,which further improves the processing efficiency of the case,the embodiment of the right of litigants to respect and protect,strengthen judicial functions,promote judicial efficiency improved.But the procedure still has some problems in the process of operation,application rate is generally low,far from achieving the efficient processing of small civil dispute case,not judicial resources to alleviate the current tense contradiction.There are some problems concerning the application of small claims procedure,such as the lack of perfection of small claims procedure and the lack of relevant judicial safeguard measures.In this regard,this article will take Sichuan Province as an example to analyze its application and improvement,and conduct case studies.This paper is divided into five parts:the first part is the introduction,mainly expounds the background,significance,domestic and foreign research review and research methods,innovation and deficiencies,leads to the following;the second part is the theoretical foundation of the lawsuit procedure,including small claims procedure concept,characteristics,theoretical basis,and the foreign procedure legislation comparison,this study provides a theoretical basis;the third part is the present situation of judicial practice procedure,taking Sichuan Province as an example,analyzes the application of the existing problems and causes;the fourth part is to solve the problems and improve the application procedure,first pointed out the basic principles of the the establishment of the system,and then reset,and put forward the related suggestion to improve the system;the last part is the conclusion of this paper mainly.A summary of the perspectives is presented,and future research is prospected.I hope this research can promote the improvement of the degree of small claims,improve its judicial applicability,and protect the interests of the right holder while promoting the judicial reform in China and accelerating the process of legalization in china.