The Realistic Dilemma And Way Out Of The Operation Of Small Claims Procedure In China

At the same time that China's reform and opening up has achieved remarkable results,various civil disputes have experienced a spurt of growth due to the more frequent and diversified social interactions.And In the judicial practice,the contradiction between fewer people and more cases is gradually expanding,and the summary procedure is more and more unable to meet the judicial needs.There is an urgent need for a more convenient and quick litigation procedure to deal with the judicial crisis.In 2012,the amendment of the Civil Procedure Law introduced the small claims procedure,hoping to solve the small disputes quickly through the way of the final judgment of first instance and achieve rational allocation of judicial resources and reduce judicial pressure.However,China's Civil Procedure Law regards small claims procedure as a slim version of summary procedure and a simplification of summary procedure.Finally,due to the non-donkey and non-horse program positioning of small claims procedures,there are many difficulties in the process of operation,such as low application rate,insufficient efficiency advantage and the way of wind up a case,which not only deviates from the original intention of small claims procedure,but also is not conducive to the solution of the contradiction between fewer people and more cases.Inspecting China's national conditions,judicial resources are extremely limited,and the summary procedure is not simple,and the number of small disputes is huge.The small claims procedure can play an irreplaceable role in the rapid resolution of disputes,and the small claims procedure needs to be improved.The key to perfecting the small claims procedure is to explore the reasons for its dilemma.Through in-depth analysis of the legislative,judicial and social aspects of the small claims procedure,the countermeasures for the small claims procedure are proposed.And horizontally compare the mature experiences and practices of the procedure in foreign countries or regions,and design our small claims procedure according to local conditions.It is responsible for the mission of the times given by the society,improving the efficiency of litigation,guaranteeing the rights of citizens in litigation,and realizing the rational allocation of judicial resources.This paper consists of three parts:preface,body and conclusion.The body part is divided into four chapters.The first chapter by introducing the small claims procedure,compares the relationship between the small claims procedure and the simple procedure and the small amount quick judgment,introduces the theoretical basis of the small amount lawsuit procedure,and intends to explain the unique value and positioning of the small amount lawsuit procedure.The second chapter introduces the practical difficulties in the following four aspects:the low application rate of the small-scale litigation procedure,the lack of procedural efficiency advantage,and easily induces the abuse of the lawsuit,aiming to highlight the practical problems and directions in the improvement of small claims procedure.The third chapter analyzes the reason of the dilemma of the claims procedure from the legislative level,the judicial practice level and the social level,and systematically interprets it from three aspects:program design,judicial supporting facilities and judicial credibility.The fourth chapter try to provide the perfect suggestions in view of the dilemma and attribution of the small claims procedure,from setting up independent small claims procedures,giving the parties to the procedure of choice,constructing the pre-litigation compulsory mediation mechanism,improving the relief mechanism and the supporting facilities five aspects to discuss.