Study On Practice Of Small Claims Procedure In B Court

Small claims procedure has been produced for a long time in the world history.The United States and other countries and regions regard the small claims procedure as a popular and inclusive judicial procedure,which has obvious value in improving trial efficiency,ensuring judicial fairness and optimizing resource allocation.The small claims procedure is introduced in line with the current judicial needs of our country.The Civil Procedure Law of the People's Republic of China,revised in 2012,established small claims procedure in accordance with Article 162.China's small claims procedure is established with efficiency as the core value,and the purpose of the procedure is to"fast accept and speedy trial and quickly conclude the trial".Since the establishment of small claims procedure in China,there has been a sound of poor enforcement.As an early contact with this procedure,B district court has experienced setbacks,also got experience and inspiration.From the perspective of the sociology of law,this paper investigates the enforcement of small claims procedure in B district court.The historical generation and change trend of small claims in B district court reflect that the popularization and application of the small claims procedure benefits from the role of judicial policy,and the type and quantity of small claims are "barometers" reflecting the socio-economic livelihood.The practical understanding of B district court has experienced a turning point,which has generated many questions.In terms of efficiency,quality and effect,there is a gap between the actual situation of small claims and external speculation.In the specific case handling situation,the participants,parties,agents and undertakers of small claims are loyal to the procedural laws and regulations,even deviate in different situations.In the interaction of cooperation and confrontation between the undertakers and the parties,it shows the deficiency of the present small claims procedure in structureThroughout the whole judicial practice of small claims,the practical application can't give a perfect answer to the academic circle and judicial theory.It reflects the disadvantages of the applicable rules of small claims procedure are not clear,the advantage of procedural efficiency is not significant,the lawsuit cost is high,and the types of cases are highly concentrated.The reasons behind this lie in the lack of independent procedure construction and narrow value orientation of the small claims procedure in China.The judges cannot play the superior value of the procedure due to their judicial responsibility and judicial ability,and the small claims can't resolve conflicts and disputes ideallyThe Measures for the Implementation of the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones in Civil Procedure conveys a new signal of the reform of the civil procedure-the small claims procedure will be constructed independently in the future.While The Measures corrects the disadvantages of the existing the small claims procedure,there is worth discussing on the basic value and the details of the rules.Linking up the Diversified Dispute Resolution Mechanism,the small claims procedure will be more effective.