Research On The Issues Of Small Claims System

With the continuous development of social economy,the public’s legal consciousness is gradually awakening.From the initial settlement of disputes through private means to the current "seeking the law",it also reflects the increasing awareness of people’s rights.With the awakening of people’s awareness of rights,the number of court cases is also increasing.Due to the stability of court staff,the contradiction between a large number of cases and a small number of people has become more and more prominent,and so-called "litigation explosions" have also appeared in many places.The accumulation of unresolved cases for a long time not only makes the people unable to feel the justice brought about by justice,but also easily causes the parties to lose confidence in the justice and reduces the authority and fairness of justice.However,the current ordinary trial procedures in my country have inherent shortcomings in dealing with certain types of civil and commercial disputes.For example,if the disputes are small and the amount is not large,if the ordinary procedures are used for the trial,it will not only slow the case processing process,but also aggravate the parties.The burden of litigation will also reduce the efficiency of litigation.Therefore,our country imitated the advanced foreign legislation experience,and included the small claims procedure when revising the "Civil Procedure Law of the People’s Republic of China" in 2012.Since then,it has been improved in the judicial interpretation.However,according to the investigation of the Supreme People’s Court,the application rate of small claims procedures in local courts is generally low.The low recognition of the parties and the low enthusiasm of judges for applying small claims procedures are the main problems faced by small claims procedures in judicial practice.Through the study of my country’s petty debt litigation procedures,this article deeply explores the various problems faced by petty debt cases in the actual operation.After analyzing the legislative experience of foreign small claims systems,and referring to my country’s current civil litigation system.In the small claims procedure,it analyzes and studies the litigant’s right to choose,prevents the litigant from abusing the litigation right,and integrates with other non-litigation systems,and puts forward corresponding suggestions.It is hoped that through the continuous optimization of civil litigation procedures,the reasonable allocation of judicial resources,the continuous improvement of judicial efficiency,and the serious response to the people’s demands for justice,justice and justice will be easier for the people.