Research On The Application Of Small Claims Procedure In Civil Procedure Law

Small claims procedure is one of the important parts of the Civil Procedure Law,and the application of small claims procedure is conducive to making proceedings efficient,convenient and a final result that is satisfactory to people.With the adjustment of some part of the Civil Procedure Law in 2022,the application conditions,small claims procedure have been further improved,and the small claims procedure has been optimized as a whole,but there are still many problems in the actual application of small claims procedure.This article takes the "Xia v.Song Sales Contract Dispute" accepted by the Ganyu District People’s Court of Lianyungang City on July 6,2016 as a case sample,and extracts two points of dispute from the first-instance judgment of the case and the procuratorate’s prosecutorial recommendations.The advantages and disadvantages of the application of small claims procedure in practice and the optimization methods of small claims procedures are further proposed.The first chapter of this article mainly introduces the main contents and controversy of this sample case.Combining the content of the case,the first-instance judgment and the procuratorial suggestions,the main points of the case are summarized,and the two core points of dispute in the case have been got through analysis,namely,whether there was a big difference in the determination of the facts between the plaintiff and the defendant,and whether the small claims procedure should be applied to the trial of the case.Chapter 2 analyzes the determination of the amount of subject matter won in the small claims procedure and the size of the dispute in the case through this case and other cases that apply to the small claims procedure.Firstly,combined with the content of the case and the first-instance judgment,the reasons why the court believes that the small claims procedure can be applied are analyzed from the two aspects of the subject matter of the case and the size of the dispute.Secondly,combined with the summary of other cases that apply to small claims procedure on the China Judgements Online,the criteria for determining the subject amount and the size of the dispute in the current application conditions of small claims procedure are summarized.Chapter III examines the application of small claims procedures stipulated in the Civil Procedure Law in practice.Firstly,the provisions of small claims procedure in the Civil Procedure Law are analyzed from the perspectives of application conditions,application methods and scope of application,etc.Secondly,the main factors restricting and affecting the application of small claims procedures are analyzed.Finally,based on the factors that limit the application of small claims proceedings derived from the above analysis,corresponding improvement suggestions are proposed.Chapter IV provides an analysis of the case.The shortcomings of the application of small claims procedures in the first instance of the case were raised.Secondly,the guiding significance in the application of small claims procedure of the results of the procuratorate’s supervision of the first instance is summarized,and an expectation is brought out.