Research On The Protection Of Litigants’ Rights In Small Claims

Originated from the tide of international civil judicial reform in the 20 th century,small claims procedure has been gradually absorbed by the civil proceedings of most countries after the mutual reference and improvement of Britain,Germany,France,Japan and other countries.Small claims procedure has become one of the most important part of China’s civil procedure law and its judicial interpretation by combining with the practice of civil quick adjudication in the early 21 st century.The purpose of its entry into China’s legislation is to relieve the dilemma of many cases with less stuffs,to improve the efficiency and quality of trial,and finally to realize the diversion of complicated and simple cases,so that judicial resources can be allocated more reasonably.As a result,the small claims procedure presents an unique way to deal with civil disputes,such as the absolute first instance of final appeal,excluding the right of the parties to appeal,and the way of trial is super authority which means judges have absolute discretions,and so on.If such a legal system can achieve its legislative purpose in judicial practice,it will not only save the litigation cost of the parties,but also make "justice" come faster.However,through the empirical analysis of the relevant data and system operation in recent years,it is found that as a legal system innovation transplanted from western countries,the small claims procedure has not been widely recognized among the grassroots in China.The main problems caused by the system defects are low application rate,high removal rate,too much power of judges to ensure fairness and justice,low litigation rate of service,judgment and interest,which is far away from the original intention of system innovation.Through the reflection on these situations and problems,the practical dilemma of small claims lies in the serious lack of protection of litigant’s litigation rights,which makes it difficult to form a relationship of supervision and restriction between the litigation rights and the judge’s authority,resulting in the serious imbalance of litigation efficiency and justice.The typical case is that the first instance is final and the retrial is difficult,which deprives the parties of the last relief opportunity.It is not only for the pursuit of justice,but also for the pursuit of justice.Only when we re-examine the protection of litigant’s litigation rights in the system and practice,adhere to the people-oriented principle,and guarantee the minimum procedural justice of litigant,can we better output positive energy and promote social harmony.In view of this,we must deeply reflect on the lack of the protection of the litigant’s rights,analyze and discuss the lack of the protection principle in the legislation and justice,the absence of the litigant’s subject status,the imperfect procedure relief and other related problems,find out the difficulties and pain points,and form the protection ideas of the right of action in line with China’s national conditions while learning from the protection methods of other countries and regions.Therefore,under the conditions of our civil litigation system and judicial environment,we must reform and improve the small claims: formulate basic principles to protect the litigation rights of the parties;make up for the loopholes of the system for the lack of legal provisions in the judiciary;clarify the legislative and judicial purposes of the subject status of the parties;correct the value orientation of small claims;improve the relief mechanism of small claims procedures,and ensure the most effective protection of the minimal procedural justice,and so on.Through the implementation of relevant supporting,measures to make small claims procedures in China continue to develop and improve.