Talk About The Perfection Of Small Claims System In China

With the advent of the Internet of everything connected and the rapid economic development in China,brings a large number of economic disputes.The general public’ s awareness of legal rights protection is becoming more and more mature,and more and more people hope to solve disputes by participating in lawsuits.As a result,the number of cases accepted by the court is increasing year by year,including small disputes for a high proportion.However,the existing judicial resources are difficult to meet the judicial needs of the public,Summary litigation procedures cannot meet the diverse,efficient and convenient needs of ordinary people for dispute resolution,so the small claims procedure arises at the right moment.January 1,2013 China officially began to implement the new"Claims Procedure Law".Then on January 30,2015 the Supreme People’s Court promulgated the Interpretation of the Supreme People’s Court on the Application of the Claims Procedure Law of the People’s Republic of China,in which a series of detailed provisions on small procedural.The implementation measures for the pilot reform to streamline and streamline civil litigation procedures,which was implemented on January 15,2020,further improved the procedures for small claims.From the perspective of the legislative process of our country,the small claims system is gradually improving in our country,but the application rate of small claims system in our country is still not high,which cannot fundamentally alleviate the contradiction between our limited judicial resources and the growing judicial demands of the masses.This paper consist of six parts:The first part introduces the purpose and significance of this research,the main research contents and research methods.The second part starts from the conception and characteristics of the small claims procedure,expounds the background of the small claims system into the law,and defines the value and function of the small claims system.The third part expounds the legislative status of China’s small claims procedure,starting from the number of cases in ChangChun district court applicable to the small claims procedure,analyzes the judicial status of the small claims procedure,and points out the problems in China’ s small claims procedure.In the fourth part,by comparing the provisions of the United States,the republic of Korea and Chinese Taiwan,the author summarizes the common provisions of the United States,the republic of Korea and Chinese Taiwan,and provides a reference for China to establish an independent and perfect small claims system.The fifth part lists in detail the problems in the judicial practice of China’s small claims procedure and analyzes the causes of the problems.The sixth part is based on the low application rate of small claims procedure in our country,combining with the current judicial situation in our country,drawing on the advanced experience of the United States,South Korea and Chinese Taiwan,proposes to establish an independent small claims system and relevant perfect mechanism,in order to narrow the distance between ordinary people and judicial litigation.