The Judicial Dilemma And Resolution Mechanism Applicable To The Small Claims Procedure In Our Country

On August 31,2012,the 28 th meeting of the standing Committee of the Eleventh National people undefined Congress adopted the revised Civil procedure Law of the people undefined Republic of China,article 162 of which regulates the small claims procedure.This means that the small-claims system can be established in our country.The emergence of the small lawsuit system is the response of our civil trial to the social development and reform at the value level.It reflects the civil judicial procedure of our country from nothing to existence,from random to standard.From the standard to the differentiation and simplification of the development process.However,in terms of the provisions of the legislative provisions,the so-called "small claims system" is nothing more than,in simple cases where summary procedure is applicable,a specific case is drawn according to the size of the subject matter and applied to the final instance of first instance.If we want to give full play to the system function of small claims in theory,we need legislation or the judicial interpretation of the Supreme Court to make further specific provisions.Therefore,in 2015,the Supreme people undefined Court issued the interpretation of the Application of the Civil procedure Law of the people undefined Republic of China,and made specific provisions on important issues in the trial of small claims proceedings with 13 articles.However,these provisions are not complete,and the system matched with the small claims procedure is not provided for,which can not fundamentally reverse the awkward situation of the small claims system in judicial practice in our country.The small claims system is a system transplanted from our country,the process of transplantation is a gradual process,which needs to combine with China undefined specific national conditions and actual conditions,in practice,the system will continue to be localized.In order to maintain the vitality of the system,but also to maintain social stability.This article mainly carries on the research from four aspects:the first part is the summary part of the small claims,the first section introduces the meaning and the characteristic of the small claims litigation system,the second section introduces the extension comparison between the small claims procedure and other proceedings.The third section is from the parties and the court undefined different angle of view,the analysis of the judicial value of the small claims procedure;the second part,from the civil law countries and the Anglo-American legal system countries two camps of analysis and comparison,This paper expounds somelegislative provisions and characteristics of foreign small-claims litigation system.According to the provisions of the small claims system of the United States,Japan,Taiwan and other different legal systems,the characteristics of the small claims system of various countries are highlighted by comparing the legislative background and the judicial status quo.In order to better study the small claims system of our country to provide reference;the third part is to analyze the current use of small claims proceedings in China,through relevant data and cases to summarize the causes of judicial difficulties;The fourth part,based on the national conditions,draws lessons from the extraterritorial advanced experience,and puts forward some suggestions.