On The Problems And Countermeasures Of The Application Of The Small Claims Litigation In China

With the rapid economic development of our country,a variety of civil disputes have emerged.In addition,citizens' awareness of law and democracy has gradually increased.The appeal to the rule of law has become higher and higher.Citizens hope to resolve conflicts through judicial channels.As a result,more and more cases have flooded into the courts,many cases cannot be dealt with in a timely manner,the costs of the parties have increased,and the courts have been under heavy pressure to handle the case.This has created a sharp contradiction between limited resources and growing citizen demand.Among the various contradictions and disputes,most of them are trivial disputes in daily life.If the cumbersome ordinary procedure is still applied,it will undoubtedly waste a limited amount of judicial resources.In terms of the parties,it will consume a lot of energy,money and money.Increasing the cost of litigation,so that the parties will give up the judicial protection of their legitimate rights and interests,but try to solve through other illegal channels,so that social stability will also be threatened.In this context,the academic community has also thought about it.Not all cases must be strictly followed by complicated and long-term ordinary procedures.How to give full play to the functions of the judiciary and solve the problems of the parties in a timely manner.At this time,a quick procedure is needed to solve these small contradictions.Some countries outside the country have begun to study the small-scale litigation system very early,which has improved the efficiency of litigation and realized The positive role of litigation fairness.Small-scale litigation has the value characteristics of reducing litigation costs,improving the efficiency of civil litigation,saving judicial resources,and bringing the parties closer to justice.China's 2012 Civil Procedure Law has only one statutory provision,and the legislation is relatively rough.The specific implementation measures are not clearly defined.The Supreme Law explained the small-scale proceedings in February 2015 and issued some detailed regulations.Although the legislative provisions for small-sum lawsuits have been further improved,it is a major innovation in the Chinese Civil Procedure Law,but in judicial practice.The use of it is still not very optimistic and cannot fully meet the needs of today's society.There are various problems: for example,the low application rate of small claims,the unfamiliarity of judges to the system,the disadvantages of low applicability,imperfect relief,and unenforceable enforcement.To fully play this series of problems,it will not be able to play its due role in practice.This paper uses literature research methods and comparative research methods,drawing inspiration from it.Firstly,it introduces the meaning and value orientation of Small-scale litigation,and clarifies that small-scale litigation procedures are applicable to cases with small amount of subject matter and clear relationship between rights and obligations.Among them,the characteristics of the small-scale litigation procedure are fast,low-cost,and high efficiency;the value orientation of the small-scale litigation procedure is to achieve fairness and efficiency of litigation,To achieve a fair cost,reasonable optimization of judicial resources.Secondly,the author analyzes the small-scale litigation system of similarities and differences between the typical developed countries and Taiwan,and makes in-depth thinking about the differences.Thirdly,because China's small-scale litigation procedure is applied late and there is not much practical experience,there are a lot of problems in the current situation and application process of applying small-scale litigation procedures in China.Finally,I will synthesize our national conditions,learn from the advanced theoretical experience of developed countries and Taiwan,absorb their essence,avoid those failures,and focus on the main issues facing China's small-scale litigation procedures.In-depth analysis of the establishment of the demarcation of the amount of proceedings,the remedies of the parties,etc.Specific analysis of key issues and specific issues,and give corresponding suggestions for improvement.In this way,the small-scale litigation procedure in our country will be more scientific and perfect,and realize its due value.