Research On Small Claims Litigation Relie

With the prosperity of China’s social economy and the increasing legal awareness of the people,a large number of civil cases are pouring into the courts,and the work pressure of the judicial organs is also increasing.In order to alleviate the situation of the court’s “accumulation of cases”,after a year-long trial of small claims,China’s Civil Procedure Law officially incorporated small claims procedures into China’s judicial system in 2012,with the original intention of improving judicial efficiency.On the basis of the simplified procedure,a streamlined and efficient litigation procedure is carried out,in line with the reform trend of separating the complicated from the simple and optimizing the judicial configuration.Chinese legislators and scholars have high hopes for its procedural efficiency.However,in practice,small claims litigation has always been cold,and our country’s legislation has not specified and explained the small claims relief mechanism.This paper intends to study this issue from the following four chapters.The contents of each chapter are as follows:The first chapter introduces the concept and characteristics of small claims and related theories of small claims relief.First of all,the relevant concepts of small claims litigation are clarified,that is,the judicial relief procedure that adopts the sole system,the subject matter of the lawsuit is smaller than that of the summary procedure,the procedure is simpler and more convenient,and the completely independent judicial relief procedure is called the small claims procedure.Small claims litigation has the characteristics of a specific scope of application,low cost and high efficiency,strict restrictions on appeals,and extensive use of mediation.Then it explains the theoretical basis behind the small claims relief,including the theory of rights relief,the basic principle of procedural differentiation,and the value theory of taking into account justice and efficiency.The second chapter analyzes the current legislation and judicial status of my country’s small claims relief through the cases obtained from the Judgment Documents Network.Although the small claims system has been established for many years,the system is far from expected in judicial practice in our country,which makes the system unable to realize its original intention.The problems existing in the current practice of this system are summarized,which are mainly reflected in the uneven distribution of cases,the low application rate,the low rate of retrial initiation,and the difficulty of relief for the parties.Then it analyzes the status quo,and deeply analyzes the reasons why small claims relief is in trouble from three aspects.In terms of system function orientation,the small claims procedure focuses on the court-based and starts from alleviating the pressure of case handling,but does not take into account the protection of the rights of the parties;from the perspective of the design of the trial level,the system of final first instance leads to the lack of general remedies for small claims;In terms of retrial relief,the complex and serious retrial procedure is not suitable for small claims litigation,and the judge and the parties are conflicted with small claims litigation.The third chapter compares and analyzes the relief mechanisms of small claims in the United States,Britain,Japan and Chinese Taiwan.Including the motion relief mechanism in California,the UK small claims trial motion procedure,the special appeal system in California and New York,the United Kingdom and Chinese Taiwan,and the adjudication objection system in Japan.The fourth chapter,aiming at the problems and causes,proposes to improve the small claims remedy from the aspects of establishing an independent small claims procedure,perfecting the small claims retrial system,and exploring the small claims adjudication objection mechanism.Specifically,the functional positioning of small claims lawsuits should be clarified,a special chapter on small claims lawsuits should be established and detailed regulations should be established,and a special small claims case trial institution should be established;The first-instance ordinary procedure trial;through the comparative analysis of the relief mechanisms in other countries and regions,the reasonable reasons for the establishment of the small-claims adjudication objection mechanism are explained,and the specific framework of the adjudication objection mechanism is designed.