A Study On The Types Of Cases In China's Small Claims Procedure

Small Claims Procedure is the new civil litigation system that revised the Civil Procedure Law in 2012.Because of the advantages of speed,economy and so on,as well as the role of reducing the cost of justice and realizing the optimization of resources,configurations has received great attention and favor from the people in its initial implementation.However,because the civil procedure law does not specify the types of cases that can be applied in small claims procedure,the practice of the courts in different places is very different.Judicial Interpretation of Civil Procedure Law,published by Supreme People's Court of China in 2015,provides for the types of small claims procedure cases,but is still sketchy.Combining with the judicial practice in various places,this paper analyzes the types of cases that can be applied and excluded in China's small claims procedure,summarizes the legislative problems and judicial practice rules,and probes into the specific ways of the types of small claims procedure cases.It is hoped that this will benefit the practice of small claims procedure.The full text is divided into four parts.The first part is the current legislative situation of the types of small claims procedure in China.In the context of China's extremely shortage of judicial resources,the high number of court cases,and the urgent need to reduce the number of cases and improve the efficiency of litigation,the small claims procedure have emerged.The legislation lists the types of cases in which small claims procedure can be applied and excluded,but it is still sketchy.The second part is the judicial status of the types of small claims procedure in China.Through the analysis of typical practice of small claims procedure in five provinces(cities)in Jiangsu province,Xinjiang Uygur autonomous region,Beijing,Sichuan province and Guizhou city,we can see that the types of small claims procedure cases in Jiangsu province are mainly disputes over property service contract and labor contract dispute;The types of small claims procedure cases in Xinjiang mainly focus on property service contracts and heating contract disputes.The types of small claims procedure cases in Beijing courts are mainly property service contract disputes and traffic accident liability disputes.The types of small claims procedure cases in Sichuan courts are mainly labor contract disputes and property service contracts.The types of small claims procedure cases in Guizhou courts are mainly traffic accident liability disputes and property service contract disputes.The current practice of small claims procedure is mainly focused on property service contract dispute,traffic accident liability dispute contract and labor contract dispute,this obviously does not play its full role.The third part is the analysis of the types of small claims procedure cases in China.China's legislation on the application of small claims procedure cases of the types of provisions are too original.Although not all contracts of sale and purchase,loan contracts may be subject to small claims procedure,such cases as those that meet the requirements of simple cases,no major disputes,etc.,should be allowed to apply.There are too few types of cases applicable to China's current small claims procedure regulations,and we should expand the types of cases to improve the relevance of practice;Part of the case types are not properly classified.For example,the principle of trial in a labor contract dispute is the pre-arbitration rule,which is often very complicated,so it should not be classified as a type of case where small claims procedure can be applied.In judicial practice,the types of small claims procedure are very concentrated,mainly disputes over property service contracts,motor vehicle traffic accident liability disputes and labor contract disputes.The fourth part is the expansion of the types of small claims procedure cases in China.The types of cases to which the small claims procedure may apply should be further specified.For example,in addition to the three common types of practice,the sale and purchase contracts,loan contracts and lease contracts,identity relations are clear,only in the amount of payment,the time and manner of the maintenance in dispute such as maintenance and maintenance fees,bank card disputes,etc,and we need to analyze them specifically for different types of cases to facilitate the specific operation of judicial practice.We would also like to add provisions on the types of cases where small claims procedure can be applied and excluded.Let famous contracts such as the deposit contract and the carriage contract apply to small claims procedure,and let the cases of the supplementary parties be excluded from the application of small claims procedure.To implement a system of assessment for the application of small claims procedure in order to encourage judges to take the initiative to expand the types of cases applicable to small claims procedure,it is necessary to expand the types of cases applicable to small claims procedure by improving other supporting measures.