Empirical Study On Small Civil Litigation Procedure Problem

In 1979, a small procedure, as a kind of new civil litigation system in the United States. More and more countries began to apply small proceeding to trial. Small litigation procedure as a new kind of dispute resolution procedure gradually shows its advantage. In our country, with the development of market economy, increasing the number of civil disputes, coupled with the people’s legal consciousness gradually strengthened, more and more people begin to adopt the method of action to maintain their own rights and interests. Limited judicial resources can no longer be satisfied with the solution to the growing civil cases, a small procedure in this show is particularly important. To this end, after a period of practice and exploration, combined with draw lessons from the successful experience of other countries a small procedure, China’s newly revised in 2012, the civil procedure law, to establish small litigation procedure.Since 2013, when the new civil procedure law, many regions have gradually began to explore the implementation of a small procedure. Small proceedings as one of the highlight of the civil procedure law to modify has become a hot topic of theory and judicial practice. However, the civil procedure law provisions are too simple for a small procedure, lack of maneuverability, coupled with the particularity of its first final and the grassroots courts and judges on the application of the small lawsuit procedure more cautious. Because of the limitations on their own small procedure and the current judicial status quo, small litigation procedure in our country, the implementation of the case is not satisfactory.This article adopts the method of empirical study, eight basic people’s courts in lanzhou city as the research object, through the research to understand small lawsuit procedure in the implementation status of the grass-roots court. Based on the civil small grass-roots court case analysis, combining the grass-roots court judge small litigation procedure to apply point of view, to analyze the small obstacles and the reasons that exist in the litigation procedure applicable, embodied in the legal lag, small case according to the standard of accepting cases bid is too low, the law is too simple, the procedure safeguard and the relief measures incomplete, practical difficulties and other reasons. Among them, the quantities of the standard defects leadto divided into small cases is less, the lack of suitable space to the program itself. Incomplete procedure safeguard and the relief measures, make small lawsuit judicial practice lack of legal basis, operability is not strong. And the actual operation difficulty is the specific technical problems existing in the practice. As a result of the existence of various problems, lead to small proceedings in the courts at the grass-roots level to implement the effect not beautiful. To solve these problems, to achieve the aim of legislation to establish a small procedure, realize small quickly conclude the case, this paper puts forward specific Suggestions on small litigation procedure: from the legislation, appropriate to improve the standard of "small", to allow flexibility to determine; Establishment of an independent small litigation procedure; Perfect microfinance litigation relief way; Standard procedure conversion process. In practice, the establishment of standardization of case management process; Use more efficient ways of service; Small specification evaluation standard, reinforce trial supervision; Through various channels to promote small litigation procedure.