Legal Principle And Practice Improvement Of Small Claims Procedure

With the rapid development of the economy,civil disputes have increased day by day,and a large number of cases have flooded into the courts.The number of cases handled by judges has increased year by year.The contradictions between many people and cases have become more prominent.Small claims procedures have been introduced into China in the context of this judicial environment.However,in the specific judicial practice,the application of the small claims procedure is not optimistic,and there are prominent problems such as extremely low applicability.It has hardly reached the goal of optimizing the allocation of judicial resources,improving the efficiency of litigation,and reducing the litigation of the parties..In order to solve the outstanding problems in the judicial practice of the program,and to give full play to its procedural value,this paper starts from the concept connotation of the small amount of litigation procedure,the status quo of China's legislation and the value selection of the procedure,and adopts a comparative analysis method.Small claims procedures are compared with simple procedures such as summary procedures and small-scale quick-discovery mechanisms,highlighting the unique value of their procedures and their independent legal status.Secondly,this paper adopts the method of empirical analysis.The first is to summarize and analyze the data of the application of the small claims procedures in some representative provinces and cities in China.The second is to obtain the procedure by visiting the investigation in the grass-roots courts of certain cities,First-hand information on the application of the first line of' judicial practice,summarizing and summarizing the outstanding problems in the operation of China's small claims procedures,such as low applicability rate,unclear hearing organization,low recognition of judges and parties,and problems arising Conduct a brief analysis to find the source of the problem.Then,on this basis,this paper expounds the procedural legal basis of the right to appeal,the efficiency and fairness,the principle of cost balance and the final review system,in order to explain the application of the small claims procedure in the empirical analysis.Under optimistic circumstances,there are still theoretical basis for the establishment of a small amount of proceedings in the Civil Procedure Law.Next,this paper selects the legislation and practice of small claims procedures in some typical countries and regions in the two major legal systems.Through comparative analysis,it provides extraterritorial experience for the improvement of China's small claims procedures,and hopes to improve the legislation to solve the problem.The situation is not optimistic.Finally,from the perspective of judicial practice,the independent legal status of the small claims procedure is clarified,and the suggestions for the various stages of the litigation,such as the initiation of the procedure,the simplification of the proceedings,and the implementation of the remedy mechanism,are put forward.Especially in the context of the current reform of the judicial system,the idea of establishing a professional trial team,applying the procedure by the judge assistant as a "junction judge" as the specific undertaker and the "three-step" procedure relief mechanism construction major innovation in this paper.It is hoped that through research,it will provide reference for the improvement of the procedures of China's small claims procedures.