On The Perfection Of China's Small Claims Procedure

In modern society,small disputes exist widely,especially for the general public.Most of them are small disputes.The amount of such disputes is small,and the facts of disputes are not complicated.If the parties are settled according to the general procedure,they will not be able to make ends meet or make ends meet due to excessive cost expenditure,which is not conducive to the protection of the interests of the parties,or even hinder them.Obstructing the parties' access to justice is detrimental to the realization of the right of action.For the state,investing more judicial resources with public attributes in cases with small amount of disputes does not conform to the principle of resource allocation,thus aggravating the current predicament of court resources shortage.In order to solve the above problems,many countries in the world have set up a special channel to settle small disputes in addition to their usual civil proceedings.In 2011,China formally launched the legislative preparations for the small claims procedure.So far,there are 13 legal provisions related to the small claims,which are distributed in the civil procedure law and its judicial interpretation.At the beginning of the establishment of small claims,the theoretical and practical circles of our country are full of expectations for it.We hope to refine the classification of procedures in our country through small claims,realize simplicity and diversion to ease the pressure of courts,and provide a low-cost judicial relief for ordinary people.However,such a procedure,which is highly expected by legislators and proved feasible by most scholars,has been subjected to the unanimous "cold reception" of the court and the parties in judicial practice.After the operation of small claims,high courts around the region have conducted empirical research on the operation of small claims.From the relevant research reports,we can see that the overall application rate of small claims in practice in China is low,judges dare not use it,and the parties' identification is low.The scope of the case is too focused on service contracts.The main beneficiaries of the procedure are not ordinary citizens expected by legislation,but business groups such as property services and financial services.The boundary between small claims and summary proceedings is blurred,and the main way of closing a case is mediation and withdrawal,which tends to be overridden by mediation.Small claims procedure originated in the United States,which has developed and operated in the United States for more than 100 years.Some developed countries of continental law system also have rich legislative and practical experience,which is worth learning from.Based on the feedback information in practice,this paper summarizes the specific problems in the process of operation of the small claims procedure in China,and combines with the current legislative situation in China,analyses the shortcomings of the small claims procedure in the system level.On the basis of comparing the legislative cases of other countries and regions,it puts forward some improvements to the small claims procedure in China.Imagine.This paper is divided into four parts: The first chapter mainly takes the documents published on the Internet of Chinese judicial documents and local investigation reports as the basic materials for the study,and analyses the overall operation effect of small claims from the aspects of case type,amount standard,closing rate,application situation of provinces,trial days,retrial situation and so on.On this basis,the current operation process of small claims is sorted out.Main problems.The second chapter is based on the first chapter,returning to the current legislation of small claims in China,and analyzing what deficiencies the procedure still exists in the legal level,mainly from the legislative position of small claims,trial-level system,relief procedures,procedural transformation and so on.Chapter III is a comparative analysis of the legal rules of small claims procedure in some countries or regions,and summarizes the useful experience for our country.Chapter IV is about the practical problems described in Chapter I,the institutional defects analyzed in Chapter II and the experience of Chapter III.Based on the specific national conditions of our country,it puts forward some suggestions to improve our small claims procedure from the aspects of clear positioning,applicable subject,trial-level system,procedure transformation and reasonable connection with other litigation systems.