Font Size: a A A

Study On Small Claim Procedure

Posted on:2021-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LiFull Text:PDF
GTID:2416330602472813Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the steady development of China's social economy,civil disputes are proliferated day by day,resulting in a large number of civil cases flooding into the court,which cannot be properly dealt with in a short period of time due to the fact that the number of cases is small.In order to alleviate this phenomenon and solve the simple civil litigation in time,the procedure of small amount litigation emerges with its advantages of "simple procedure and low cost".The program was initially designed to serve the public and relieve pressure on limited judicial resources.But the process from "legislating as it should be" to "legislating as it is" is not what it should be,nor is the process.Since entering into the legislation,in the judicial application,the system itself has become increasingly criticized.In the legislative and judicial practice,due to the single provisions in the legislation of small litigation procedure,it is placed under the summary procedure in the positioning,and the boundary is blurred.It is not paid attention to when it is applied,and it is often confused with the summary procedure.In judicial practice,the standard setting of the amount of small amount litigation is not scientific,and it is compulsory to apply if the conditions of small amount litigation are met.The parties have no right to choose whether to apply the small amount litigation procedure.Under the final trial of the first instance,there is no other way of relief,and it is even more difficult to start the retrial of the only way of relief.In addition,there are no special provisions on the jurisdiction of small claims,and the establishment of regional jurisdiction is not flexible.The principle of "plaintiff versus defendant" is still followed.When a party with weak economic strength files a lawsuit as a plaintiff,the litigation cost may be much higher than the benefits brought by the victory,and the party may give up the right to Sue directly.In addition,a series of problems,such as the lack of relevant follow-up safeguard measures,make it difficult for the procedure of small claims in judicial practice.The procedure setting itself is to serve the judicial practice.Based on the starting point of the establishment of small-amount litigation procedure,therefore,in the legislation,it is necessary to improve the small-amount litigation procedure and relevant supporting measures.Define the position of small claims procedure,endue it with independent value,distinguish it from simple procedure,and standardize its use in judicial practice.In light of local and local conditions,China has formulated a scientific standard for the amount of small-scale litigation to meet the needs of different regions with economic development.We will give the parties the right to choose their own procedures,increase the avenues for their relief,ensure the follow-up work of retrial,and safeguard the rights of the parties involved in small claims.The regional jurisdiction of litigation shall be relaxed to a certain extent,and regional jurisdiction shall be set flexibly according to different situations.We will follow up the reform of follow-up supporting measures,strengthen the supervision and restriction on the power of judges,rationally standardize the evaluation standards for judges,deepen judicial openness,and constantly improve judicial credibility.With the help of multiple measures and efforts,we will make joint efforts to improve the procedure of small claims litigation,so that the procedure can truly play its due role,serve the public and save judicial resources.
Keywords/Search Tags:Small claims, Program option, Relief, Supporting measures
PDF Full Text Request
Related items