Research On The Application Of Small Amount Claims Procedure In My Country

The facts of small dispute cases are relatively clear,and the amount of dispute is not large.If they are tried in accordance with ordinary litigation procedures,it will lead to a serious imbalance of litigation input and expenditure,which is not conducive to the exercise of their own litigation rights.In addition,the state also considers that the cost of the litigation system can be roughly equivalent to the benefits it protects in the process of designing procedures to achieve a balance between input and output.Based on the above considerations,all countries in the world have set up special channels for resolving small disputes in their civil procedure reforms,that is,small amount claims procedures.In 2012,when China’s small amount claims procedure was established,the theoretical and practical circles have unanimously placed high hopes on it,hoping that it would play a vital role in the diversion of cases and the improvement of judicial efficiency.However,several years of judicial practice It shows that the application rate of this procedure is low,and it has even been "snubbed" by the court and the parties unanimously.This article focuses on the application of my country’s small amount claims procedure as the main research object.Does not contain the introduction and conclusion of this article,the article is divided into four parts.The first part introduces the definition of small claims procedure by domestic and foreign scholars.and then clarifies its basic concepts,and on this basis,analyzes the characteristics and legal basis of the small amount claims procedure;the second part,through empirical research methods,In recent years,China has investigated the application status of small amount claims procedures,and pointed out that there are problems in the application of small amount claims procedures in our country,such as low overall application rate,extremely uneven application cases,differences in procedure initiation methods,and insignificant efficiency advantages.The reasons for the application of small amount claims procedures are analyzed.These reasons include:small amount claims procedures fail to be independent of summary procedures,procedural rules are not simplified enough,parties do not recognize the legislative value of small amount claims procedures,and the courts fail to apply small claims strictly in accordance with the law.Litigation procedures,etc.;the third part is a comparative study of the legislative provisions of extraterritorial small amount claims procedures,in order to provide experience and reference for the improvement of China’s small amount claims procedures;the fourth part,from the legislation,judicial and supporting measures of small amount claims procedures Suggestions for improvement are made at three levels.The legislative suggestions include establishing an independent small amount claims procedure and further simplifying the rules of small amount claims procedures,improving the relief mechanism of small amount claims procedures,and establishing special small amount claims enforcement procedures;judicial perfect suggestions include emphasizing that the court should comply with the law Initiate small amount claims procedures,explore diversified small claims service systems,standardize the conversion of small amount claims procedures to other procedures,etc.;as for the improvement of supporting measures,they mainly include the improvement of the evaluation mechanism for judges to apply small amount claims procedures,and the establishment of small claims The lawsuit fee reduction and exemption system for cases,and the courts strengthened publicity and guidance to the public.