An Empirical Study Of Small Claims Procedure

In 2012,the civil procedure law of our country amended and increased the small litigation procedure,aiming to provide more convenient relief to the public through the simple civil cases with smaller subject amount,relieve the shortage of judicial resources,and realize the lawsuit benefit under the premise of ensuring procedural justice.In judicial practice,small litigation cases have the characteristics of a series of cases with high closure rate,high rate of withdrawal,high implementation rate,short trial period,low judgment rate,obvious regional differences,and a large number of litigants involved.However,contrary to the legislator's expectation,the number of small lawsuits is relatively low,which is closely related to the simplicity of the legislation and the reluctance of the parties,agents,judges to apply small lawsuits and other subjective and objective factors.This article makes a systematic analysis and argumentation of the small litigation procedure by using three argumentation methods:comparative method,empirical analysis method and system method,and taking Dalian Basic Court as an example,focusing on the two aspects of system and operation.The author puts forward the corresponding perfect procedural assumption,that is,perfect the applicable rules of the small litigation procedure,and rationally allocate the judicial resources of the small litigation,and make a careful balance between safeguarding the litigant's litigation rights and suppressing the wanton exercise of rights.The body of the paper consists of four chapters:The first chapter makes a preliminary overview of the concept,characteristics,legislation and practice of the small litigation procedure at home and abroad,so as to introduce the topic.The second chapter,through investigation,makes an understanding of the application of small litigation procedure in Dalian district basic court in recent years and summarizes it.The third chapter,through the previous investigation to find out the problems and their causes,find out the crux.In chapter four,the author puts forward some suggestions for the improvement of the problem,so as to provide help for the improvement and development of small litigation.