Research On The Protection Of Procedural Rights Of Small Claim Parties

In order to increase the efficiency of litigation,reduce the costs of litigation,allow the judiciary to be approached by the general public,and ease the court's "case-to-case" litigation pressure,small-scale litigation procedures have emerged.However,there is a certain deviation in the function setting of the small-scale litigation procedure in China's current civil litigation legislation,ignoring the protection of some minimum procedural rights of the litigant and affecting the application of the procedure.The small-sum litigation procedure has a low application rate in judicial practice and faces the situation of being "imposed".The author believes that the legislators are mainly from the perspective of court trials,positioning their main functions as raising the efficiency of litigation and relieving trial pressures are the crux of the status quo of small-sum litigation procedures.This article focuses on the analysis of the status quo and existing problems of procedural safeguards for small litigants.Through empirical research and comparative analysis,this paper analyzes the reasons for the lack of procedural safeguards for small litigants,and proposes ways to improve the procedural safeguards for small litigants.The basic criteria that should be followed,the basic,necessary procedural rights of the small litigants,and the supporting measures for improving the procedural safeguards of the litigants in small claims should be given.This article is divided into five parts:The first part analyzes the development status and existing problems of the procedural safeguards of the litigants in small-scale litigation in China.After researching,it finds that many aspects of the litigious procedural right protection are imperfect,such as insufficient protection of the right to choose the procedure and the participation of the procedure.Rights have been weakened,insufficient protection of procedural remedies,etc;The second part:reviewing the value orientation of the small-sum litigation procedure,reviewing the problems in the legislation and practice of small-sum litigation,and analyzing the reasons for the lack of the procedural safeguard of the litigants in the small-sum litigation;The third part:it discusses the theoretical basis for guaranteeing the right of procedural rights of small-sum litigants and the basic principles that should be followed to protect the right of litigants of small-scale litigation;The fourth part:Proposing the improvement of the procedural guarantee of the small-sum litigants.The first is to put forward the basic principles that should be followed to protect the rights of parties to small claims.Secondly,it clearly puts forward the procedural rights of the small litigants that the legislation should grant,such as the right of choice,the procedural right to remedy,and so on;In order to improve the link between the small-sum proceedings and the non-litigation dispute resolution mechanism,we put forward some supporting mechanisms to improve the procedural safeguards of parties in small-sum litigation,with a view to improving the procedures and safeguarding the parties' procedural rights.