On The Procedure Of Small Claims

Since the reform and opening up,China's economy has developed rapidly and the social living standard has been constantly improved.Meanwhile,the number of civil economic disputes and lawsuits has been increasing day by day.The high number of cases and inflexible procedures make it difficult for judges to resolve civil disputes between all parties quickly and efficiently.Because of its complicated procedure,high cost and obscure terminology,the traditional judicial trial mode makes it impossible to protect the litigation right of small creditors.In order to solve the contradiction of the judicial demand of civil cases,China optimizes the system design to achieve the reasonable allocation of resources.Therefore,the procedure of small amount litigation arises at the historic moment and has carried out pilot practice in many places.Since our country legislation in 2013 to establish a small procedure,about the legislation of the program and related judicial interpretation provisions of article 15,applicable national courts at the grass-roots level to carry out a small procedure,the practical operation of more than seven years show that small litigation procedure applicable rate is low,there is unsatisfactory,far from at the beginning of set up the theory and judicial practice of the expected value of the program.The simple,rapid and economical small-amount litigation procedure can make up for the shortage of ordinary procedure and simple procedure,reduce the cost of protecting the rights of the party concerned,guarantee the right protection of the party concerned promptly and quickly,and improve the social benefit.At the same time,it can save judicial resources and reduce the trial burden of the court.However,China's small-sum litigation procedure has not played its due role,which is due to the problems in the legislation,such as the excessively high use threshold,the lack of specific hearing institutions,the imperfect litigation mediation mechanism,the too rough provisions on the simplified application process,and the limited effectiveness of relief channels.There are some problems in judicial practice,such as the lack of relevant supporting measures and the concept of litigation subject.Therefore,in the process of applying small amount litigation procedure in the grassroots courts of the country,the reform of small amount litigation procedure has been explored in China.To perfect the procedure of small amount litigation,we must base on the basic situation of our country,summarize and analyze the practical data,and draw on the mature experience of various aspects.In terms of legislation,the scope of application of small claims procedure should be appropriately adjusted,special hearing institutions should be set up,the litigation mediation mechanism should be improved,the provisions of small claims procedure should be clearly defined and the right relief channels should be properly unblocked and expanded.In the judicial practice,we should intensify the explanation of the procedure of small amount litigation and the efforts to popularize the law among the whole people,balance the contradiction between the restriction on judges and the rapid mechanism,and establish a scientific evaluation mechanism.Only by carefully studying and analyzing the small-amount litigation procedure,and discussing and solving the problems in practice,can we better develop the small-amount litigation procedure,and truly play the role of the small-amount litigation procedure in terms of speed,convenience,cost saving,efficiency and fairness.