Research On The Electronic Procedure Of Small Claims In China

Along with the advancement of constructing a country under the rule of law and the enhancement of citizens' legal awareness,more and more people tend to file a lawsuit,the contradiction between the surge of judicial demand and the limited judicial resources has brought great trial pressure to the court,the result is that the rights of the parties can not be protected timely and fairly.In this context,the small claims procedure came into being and developed rapidly.Traditional small claims procedure,although to a certain extent,ease the contradiction between the judicial demand and the supply,but from the current social environment,on the one hand,the modern economic society has paid more and more attention to efficiency and convenience;on the other hand,information technology has changed the traditional way of communication,and this influence is comprehensive,including litigation system.Applying information technology to small claims procedure will give full play to the superiority of small claims procedure which is convenient and efficient.Firstly,through studying a large number of journals,literature,and using methods of induction,summarization,this paper makes it clear that it is necessary to get the small claims procedure reformed,and the reform of the traditional small claims procedure will make it more accessible to justice for general public,at the same time,the reform will strengthen the service function of the judicial process,reduce the lawsuit cost,improving lawsuit efficiency,and promote social justice.The author also analyze the successful experience in China and other countries,such as the United States,Britain,Germany,South Korea,Jilin province,and Zhejiang province,in order to provide theoretic and technical support for the electronic reform of the small claims procedure in China.Secondly,based on the present situation of the electronic legislation and the possible problems in the electronic process,we find the problems that we need to focus on,and propose a feasible solution.Finally,according to the characteristics of small claims procedure in China,it is likely to carry out the whole process of electronic reform,under the premise of ensuring the parties' procedural options and the safety of the information,the role of information technology can be fully played,such as online prosecution,remote filing,online mediation,online trial,remote testimony and forensics,online litigation documents delivering,electronic evidence collection,video trial,online judgment,and the others.The innovation point of this paper is to plan and discuss the electronic process of small claims procedure from the value pursuit and focusing on the parties,insistingthat legislate first and reform later,carrying out comprehensive and effective reform without destroying the integrity and harmony of the civil litigation system.