Study On The Scope Of Application Of Small Claims Procedure

The main value goal of the small claims procedure is to improve the efficiency of the litigation,and the scientific definition of its scope of application is the prerequisite for the correct application of the small claims procedure,it is also the inevitable request to realize the case shunting and the reasonable disposition of the judicial resources.Since section 162 of the civil procedure in 2012,which specifies small claims procedures,it has played an important role in the resolution of eligible simple pecuniary disputes,it has effectively realized the value balance between the lawsuit justice and the lawsuit efficiency.Regrettably,although Article 274 of the interpretation of the civil procedure law specifies the scope of application of the small claims procedure,in practice,there are still some problems such as the unreasonable type of case,the low amount of the object of action and the absence of the system of "application to the parties".December 2020,the Supreme People’s Court issued the pilot measures for the reform of triage and triage in civil proceedings(hereinafter referred to as the pilot scheme)and the pilot implementation measures for the reform of triage and triage in civil proceedings(hereinafter referred to as the implementation measures),the scope of application of the small claims procedure has been expanded in terms of the type of case,the amount of the subject matter of the action and the "application to the parties",but on the one hand,the "pilot scheme" and the "implementation measures" are only applicable to the "pilot" areas,it’s not universal across the country.On the other hand,there are still some problems in the definition of the scope of application of the small claims procedure in the implementation measures Second,the system of "the parties apply in accordance with their will" lacks the necessary supervision and restriction mechanism,and the protection of the third party’s right to relief is also inadequate.In this context,we should,on the basis of correctly grasping the criteria for defining the scope of application of the small claims procedure,combine the specific conditions of our country and the operating rules and characteristics of the small claims procedure,to scientifically define the scope of application of small claims procedure.In the concrete research process,the author comprehensively uses the comparative analysis method,the value analysis method and so on research method,first elaborated clearly the small amount lawsuit procedure scope of application necessity and the concrete limits standard,then Take the implementation of the pilot program and the implementation measures as the time node,and take the g district People’s Court as the object of study,carry on the empirical study to the scope of application of the small claims procedure,it also analyzes the problems and causes in the scope of application of the small claims procedure,and finally,combining the basic factors that should be considered in defining the scope of application of the small claims procedure,and comparing the specific practices of other countries and regions in defining the scope of application of the small claims procedure,from the aspects of reasonably defining the type of case,appropriately raising the amount of the subject matter of the lawsuit,and constructing and perfecting the system of "application to the parties by agreement",the scope of application of small claims procedure in China is defined in detail.