| The small claims litigation system has been implemented in China for a relatively short period of time.It began to be tested in 2011 and was established in the Civil Procedure Law in 2012.Small claims litigation is a new type of litigation procedure,which reflects the renewal of judicial ideas and the progress of judicial system in China.However,due to its short establishment time,simple and general legal provisions,there are many problems in legislation and judicial practice,such as imperfect legislation,low application rate and trial efficiency,and unsmooth relief channels.The existence of these problems leads to the insufficiency of the function of small claims and the failure to achieve the purpose of legislation.To further study this topic,this paper aims to analyze the status quo of the implementation of small claims proceedings,sort out the problems,and put forward countermeasures to better achieve the original intention of its system design.The introduction of this article mainly points out the problems existing in the implementation of small claims procedure in China,clarifies the necessity of studying the application and perfection of small claims procedure,and highlights the theoretical significance and time value of the topic.The first chapter is the basic theoretical analysis of the small claims procedure,the main contents include the background of the small claims procedure,the definition of the procedure,the scope of application and application of exceptions,legal value and so on.The second chapter through the analysis of the low application rate of small claims procedure in China and the implementation of low trial efficiency status and reasons,put forward small claims.There are some problems in the implementation of petty claims in China,including imperfect legal provisions,unclear standards of application,uncoordinated judicial mechanism and unsmooth relief channels.The third chapter mainly introduces the system of petty claims outside the country,including Germany,the United States,Japan and Taiwan,through the analysis of these countries（regions）.The fourth chapter mainly aims at the problems existing in the implementation of our country’s small claims procedure,and carries on the corresponding countermeasure,and carries on the brief demonstration to the feasibility of the solution,the purpose is for the small claims procedure legislation and the practice suggestion.Improve China’s small claims system. |
