Reviewing And Amending:The Improvement Of Small Claims Procedure

In the context of China’s rapid economic development,social macro-conflicts shift,civil disputes are increasing,the concept of the rule of law has been enhanced,the number of civil disputes received by the courts is increasing day by day.The current situation of "too many cases and too few people" faced by the courts in China has become a persistent problem of the judicial system,improve the application of small claims procedure and activate its application is to achieve a simple and complicated flow,fast and slow,light and heavy separation,to solve the problem of "too many cases and too few people" the core meaning.In this paper,we first review the judicial operation of small claims procedure in China through statistical data,analyze the reasons for the poor operation of small claims procedure in practice before the amendment of the Civil Procedure Law of the People’s Republic of China in 2021(hereinafter referred to as the Civil Procedure Law)in 2021.and then interpret what amendments have been made to the measures after the amendment of the Civil Procedure Law to address the problems of the procedure,discover the effective countermeasures and the problems that still exist,so as to propose further improvement of small claims procedure.In order to give full play to the effectiveness of the small claims procedure in the resolution of simple civil disputes.In addition to the introduction and concluding remarks,this paper consists of five chapters.The first chapter is a review of the operation of small claims procedures in China before the amendment of the Civil Procedure Law.Statistical data are used to analyze the application status of small claims procedures nationwide,the main types of small claims cases in the past five years,the number of small claims cases,and the completion rate of small claims procedures to review the effectiveness of the operation of small claims procedures in China.The second chapter is the analysis of the reasons for the poor operation of small claims procedure before the amendment of the Civil Procedure Law.The statistics in Chapter 1 show that the small claims procedure in China has been operating poorly for a long time,and it is necessary to analyze the reasons for this in order to propose effective cuntermeasures.Since the logic of the subject’s action will affect the effctiveness of the system in question,this part of the court level and the party level respectively to explore the application of the subject’s negative choice of the reasons for the procedure.The third chapter is the analysis of the modification of the Small Claims Procedure of the Civil Procedure Law.This chapter is divided into two sections,the first section is the "civil procedure" of the small claims procedure to amend the background,the author believes that the background includes two aspects:one is the small claims procedure since the establishment of its functional positioning and value objectives are biased;the second is to respond to the effectiveness and shortcomings of the pilot reform of the simple and complex stream.The second section is the revision of the small claims procedure,respectively,to expand the scope of application of small claims procedure,clarify the combination of mandatory and consensual application,enhance the degree of distinction with the summary procedure,set up a procedural conversion mechanism,and give the parties the right to object to the procedure.The fourth chapter is the problems that still exist in the small claims procedure after the amendment of the Civil Procedure Law.Although certain amendments have been made to address the reasons for the poor operation of the small claims procedure before the amendment,there are still unanswered legacy problems and new problems arising after the amendment,such as the defects of the first instance final trial system have not been resolved,the small claims procedure still lacks independence,there is a contradiction between raising the case amount standard and further simplification of the procedure,and the comparative advantage is not obvious due to the extension of the trial period.The fifth chapter is the path of small claims procedure improvement.Based on the aforementioned reasons for the poor operation of the small claims procedure and the old problems and new problems arising from the revision of the Civil Procedure Law,the author further puts forward the path of re-improvement of the small claims procedure in terms of system improvement,procedure initiation,trial link,remedy and supporting measures.