Research On The Improvement Of Civil Small Claims Procedure

With the rapid development of China’s economy,various economic disputes have emerged one after another,and people’s legal awareness has also been continuously enhanced.Litigation has gradually become the preferred method of dispute resolution,leading to an explosive growth in the number of civil cases in China.In addition to ordinary personal disputes,there are also many property disputes in judicial practice,including a large number of small-scale disputes.When trying these civil cases with relatively small litigation subjects,courts no longer blindly apply ordinary or summary procedures in order to avoid the litigation costs invested by the parties and the court not being proportional to the litigation benefits.Based on the procedural value of saving litigation costs and improving litigation efficiency,many countries have continuously explored and practiced to create a new litigation procedure-small litigation procedure.This procedure is different from ordinary civil litigation procedures in that its operating rules are simple and flexible,and can be adjusted in a timely manner according to different situations of the case.This not only enables the parties to resolve disputes faster,but also reduces the pressure on the court to hear cases,optimizes the allocation of judicial resources,and improves the efficiency of case trials.However,in the practical process of small-scale litigation procedures,legislative and judicial issues such as vague application rules,incomplete relief channels,and low awareness of the parties have gradually emerged.There is still a certain gap between the application rate of the procedure and the beautiful goals of the original legislation.Therefore,it is necessary to conduct in-depth analysis of the problems in the operation and application of small-scale litigation procedures,and propose corresponding countermeasures and suggestions on this basis.The research object of this article is China’s civil small claim procedure.First,it uses the literature analysis method to describe the theoretical research status of China’s civil small claim procedure on the basis of consulting relevant literature,including the definition,characteristics and intrinsic value of the procedure.Second,it uses the comparative analysis method to introduce the operation of foreign countries’ small claim procedure.On the basis of comparative analysis,it combines with China’s actual situation,Drawing on the useful experience,we will once again use case analysis method to explore the judicial practice of small claims proceedings in grassroots courts in various regions.We will analyze representative practical cases in detail,and finally use empirical research method to analyze the application rate and rules of small claims proceedings by collecting data to identify the application difficulties and improvement measures of small claims proceedings.Through the above research methods,combined with theoretical research and practical exploration,we can improve our existing small claims procedures and optimize the implementation rules of small claims procedures,which not only helps to maximize the efficiency of small claims procedures,protect the parties to fully exercise their litigation rights,and enhance the judicial credibility and authority of the verdict.