Studies On The Small Claims Procedure

In this era of rapid development of the rule of law process,in order to access to justice,relieve the contradictions of litigation demand,our country civil procedure law in 2012 formally defined the small claims procedure.In 2015 the supreme people’s court issued the corresponding judicial interpretation,in the form of a special chapter has carried on the elaboration of the system.After these years of judicial practice,in the case of small procedure processing cause the efficiency of ascension,but the gap between the actual running state and target state,revealed the short board in legislation and rules.Starting from the functional orientation of small litigation procedure,I analyze the plight and shortcomings of the small litigation procedure in the judicial operation and legislation on the basis of the trial practice of the small court proceedings in Shanghai from July 2015 to June 2016.On the investigation of small claims procedure in relatively perfect national and regional,I foster strengths and circumvent weaknesses,combined with the operation of the trial practice in our country,from legislation and judicial operation to perfect the content of the small claims procedure in our country,exerting the role of the procedure should have.