Research On The Procedure Relief Of The First Trial Of The Small Claims

With the continuous development of China's social economy,the number of civil disputes has increased day by day,and more and more civil cases have flooded into the courts,putting heavy pressure on the courts.In order to enable limited judicial resources to meet the growing demand for litigation,there is an urgent need for a litigation procedure in which judicial design is simpler,litigation costs are lower,and litigation efficiency is more efficient.After a reasonable reference to the successful experience of countries and regions outside the region and theoretical research by scholars,the small-scale litigation process has gradually entered the field of scholars and judges.After further exploration of China's small-scale trials,the status of the small-scale litigation procedure was finally officially confirmed by the Civil Procedure Law.The small-scale litigation process takes efficiency as the first value goal and implements the first-instance final trial.It is a simpler and more efficient litigation procedure based on summary procedures.It carries the legislative vision of providing convenience for the people and reducing the pressure on the court.However,in judicial practice,the small-scale litigation process prioritizes the efficiency value while failing to fully take into account the fair value that the parties should have in the judicial process.Small claims have not achieved our ideal legal and social benefits,and many cases that should have been applied to small claims have not been accurately applied.The "two-trial final review system" that has been implemented for a long time in China has been deeply rooted in the hearts of the people.The implementation of the first-instance final trial is at the expense of depriving the parties of the rights and remedies.The parties are very resistant to the retrial remedy and mandatory application of the first-instance trial of small-sum lawsuits.The pressure of court complaints and performance appraisal system,the lack of independence of small-scale litigation procedures,and the exclusion of mediation priorities for the application of small-sum litigations have caused the small-scale litigation not only to reflect its low cost and high efficiency.The advantages,but exposed its more shortcomings.It has caused the psychological blame of the parties and the court in judicial practice.The problems arising in the small-scale proceedings are contrary to the original intention of the procedure when they were established.They have not effectively resolved the contradiction of the court's "multiple cases and fewer people",and because the lack of protection of the parties' procedural rights has entered the "judicial winter period." Therefore,the improvement of the procedural relief of the first-instance trial of small-sum lawsuits is urgent and imperative.Through extensive reading of monographs and periodicals and other literature materials,the article intends to adopt a method of inductive summarization to systematically discuss the specific issues in the first-instance trial of small-scale litigation procedures,and to study the research reports of small-sum lawsuits of various provinces and municipal courts and scholars.Empirical research results,and comparative analysis of legislative cases in other countries and regions and China's judicial practice,believe that to improve the procedural relief of small-sum litigation,it is necessary to return to the logical starting point of the creation of small-scale litigation procedures,the procedural relief for the first-instance final trial The specific method needs to be targeted to the right medicine.In order to realize the legislative purpose of the small-scale litigation,it may consider providing a guarantee for the after-effect relief of the small-scale litigation by establishing a referee opposition system,and granting the parties the option of the procedure through the application of “mandatory application + partial agreement” to regulate the performance.The evaluation system and the strengthening of letters and visits to eliminate the judge's inner concerns,through the establishment of independent small-scale litigation procedures to provide procedural support,and through the perfection of the small-sum litigation and mediation system to achieve "the case is closed." Establish a systematic and comprehensive procedural relief system from “inside the proceedings to the outside of the proceedings” and from “procedure initiation to trial”.