Application And Perfection Of Small Claims Procedure In China

In order to cope with the situation of civil and commercial disputes flooding into courts for claims during the social and economic transformation in China,the amendment to the civil claims law in 2012 set up small claims procedures,trying to resolve disputes quickly and quickly with the characteristics of simple and easy procedure,so as to achieve the purpose of rational case distribution and efficiency under the premise of upholding judicial justice.So far,small claims procedure has been implemented in our country for seven years,from the point of practical operation,by using small programs around the court's enthusiasm is not high,the reason is: one is due to the lack of complete and unified in the legislation of specific small claims procedure applicable rules,lead to everywhere is coming into its own,has great randomness,such as the completion time in the written judgment in court,the time and so on around the most is to model with local characteristics,it is bad for small claims procedure applies in the national unity.Second,the simple emphasis on efficiency,so that the claims claims seriously beyond the scope of the dispute over small debts.Fourth,due to the limitation of the parties' program options and the imperfection of relief procedures,the parties are reluctant to apply small claims procedures,which further leads to the low utilization rate of small claims procedures in practice and fails to meet the expectation of legislation;Fifth,there are many cases of trial in absentia.Due to the small amount involved in the case,many defendants prefer to present their defense opinions to the presiding judge by phone before the trial,and are unwilling to defend in court.As a result,the trial rate in absentia is high,and the procedural interests of the parties are damaged,which is not conducive to fundamentally eliminating the contradiction between the two parties.Applicable to activate a small procedure,to achieve the purpose of the system at the beginning of the creation in the small claims procedure in our country apply deep insight into the problems on the basis of small lawsuit procedure in the origin and development of outside,through the model is suitable for the situation of our country system of othercountries' mature experience,put forward the perfect measures to our country small procedure: the start of the program through the application of the parties to choose and process of the transformation of mechanism to implement the procedure main body status of the protection on the parties;In the aspect of trial and judgment,through the selection and appointment of judges of small courts,service,defense and proof,and the design of the time and place of the court session,to maximize the efficiency of small court proceedings;Through perfecting the trial level and relief procedure of the small amount claims procedure,to ensure the full exercise of the claims right of the parties;Through the improvement of the execution procedures of small claims cases,the successful parties can quickly realize their substantive rights and interests,and enhance the credibility and authority of the judicial judgment.