Research On Small Claims Procedure

At the beginning of the 20 th century,the United States took the lead in using the small litigation system in the trial,and was highly appraised by the federal trade commission for its fast and convenient operation.Since then,countries have set up a small litigation system,and obtained good judicial benefits.Our country has great changes have taken place in economic structure,in this economic environment,a large number of civil and commercial cases caused by the backlog of litigation explosion has brought huge pressure to trial.In these economic disputes,a class of civil dispute cases with the characteristics of small amount and simple case gradually increase,improving the efficiency of litigation and reducing the cost of litigation become the internal requirements for the proper settlement of such cases,in this context,the system of small amount litigation as an efficient and fast way of litigation came into being.The establishment of simple and efficient litigation procedures has become an important requirement to deal with the rapid changes of China's social and economic environment and to solve the judicial crisis of too many and too few cases.In order to effectively improve the efficiency and cost of litigation,article 162 of the new civil procedure law of the People's Republic of China,which came into effect on January 1,2013,stipulates the system of small litigation,which marks the formal establishment of the system of small litigation in China.In the interpretation of the supreme people's court on the application of the civil procedure on January 30,2015,the supreme people's court made further detailed provisions on the small-amount litigation procedures.However,due to the social and economic background and the related system design and other reasons,China's small litigation procedure is not exist as an independent civil procedure,but within the framework of the summary procedure,should have the independence of the lack of a procedure,and the corresponding system of the movement of the small lawsuit procedure is not regulation,system design a variety of reasons,such as unscientific make though small lawsuit system has been established for more than six years,but did not achieve the desired effect in the application of the judicial practice instead of all parts of the frequency of "cold".Therefore,this paper mainly focuses on the problems existing in the application of small litigation procedures in China,and puts forward corresponding Suggestions for improvement.This paper consists of three main parts: abstract,text and conclusion.As the main body of the paper,the text studies the small-amount litigation system through five chapters,including:The first part mainly to this article the research background,research purpose,research significance and research method to display,starting from the background of a small procedure,based on the time background,small litigation procedure,through professional research method on the outside and the main operation characteristics of small litigation procedure in China is analyzed,aiming at small litigation procedure to run the perfection of the objective to put forward the corresponding suggestion is the purpose of the present study and analysis of the significance of the study from several aspects.The second part mainly starts with the concept of small litigation,and defines the concept of small litigation procedure by summarizing the different definitions of small litigation procedure in domestic and foreign research fields.Based on this analysis of the characteristics of small litigation procedures,mainly from the small litigation procedures and other litigation procedures of the difference to introduce.Finally,the legal value of the small litigation procedure is analyzed to provide theoretical support for perfecting the small litigation procedure in China.The third part is mainly to continental law system and Anglo-American law system as to distinguish the study of small countries outside of the proceedings,the main selection of some of the countries outside the small litigation procedure is analyzed,and summarizes the advantages and disadvantages of the two big legal system set up by the small procedure,in order to provide reference for the perfection of China's small litigation procedure.In the fourth part,through the investigation of the actual situation of the application of small litigation procedures in the basic courts in China,based on the theoretical basis of the actual data,the author analyzes the current situation and problems of the small litigation procedures in China from the two aspects of the legislation and judicial operation of the small litigation procedures.The fifth part,based on the research of the first three chapters of this paper,puts forward Suggestions from the legislative mechanism and judicial operation of the small litigation procedure to improve the small litigation procedure in China and solve a series of problems existing in the application of the current small litigation procedure in China.