Research On The Reconstruction Of Small Claims Procedure In China

The Civil Procedure Law of the People’s Republic of China was amended in December2021 and came into force on January 1,2022.Before this revision,the Supreme People’s Court carried out the pilot program of the reform of separation between complicated cases and simple ones in civil procedure in some regions of China for two years.In this reform,compared with previous laws,the provisions of small claims procedure are different,and the applicable conditions have been modified to a large extent.Similarly,the Civil Procedure Law of 2021 also revised this procedure.Due to the short period of implementation of the revised Civil Procedure Law,there is not enough judicial practice data to reflect its effect.But the Civil Procedure Law for this procedure,to a large extent is the use of reform pilot provisions.Therefore,the new problems in the pilot reform and existing problems in practice,but which have not been amended by the Civil Procedure Law of 2021.To a large extent,these problems that will still exist in the following judicial practice,which are also the procedure in the following judicial practice should focus on.This paper is mainly divided into four parts.The first part is the stage before the pilot reform,and the small claims procedure in China was established in 2012.This part mainly introduces the development process and judicial practice of this procedure in China,and reflects the situation of this procedure in China.The second part is the stage from the pilot reform to revised Civil Procedure Law in 2021,this part mainly introduce the situation of small claims procedure in this period as well as the adoption of the pilot rules of this procedure in the Civil Procedure Law.At the same time,an overview of the pilot reform of this procedure proceedings brought by the positive feedback and negative feedback.On the basis of the first and second parts,the third part puts forward corresponding suggestions for the problems in the operation of this procedure in the pilot reform,so as to ensure its smooth application in the field of practice.The fourth part is the partial supporting mechanism which should be perfected in the process of this procedure operation,in order to ensure the more efficient operation of this procedure.