| Since World War II,with the rapid development of the world economy,social disputes have also been characterized by complexity,frequency,and diversity.In order to meet the diverse,efficient,and convenient dispute resolution needs of the people,and ensure that the people feel fairness and justice in every judicial case,small claims proceedings have been born in the wave of civil litigation reform in the world.At the beginning of the 21 st century,China launched rapid civil adjudication reform in various regions to improve judicial efficiency and alleviate the dilemma of more cases and fewer people.In order to quickly handle civil disputes that are simple and have a small amount of subject matter in dispute,small claims litigation procedures restrict the parties’ procedural options in system construction,establish efficiency as the primary goal,adopt a system of first instance and final adjudication,and exclude the parties’ right to appeal.Through a series of measures to strictly restrict the litigation rights of one or both parties,the litigation rights of the parties have given way to the authority of the court,resulting in excessive discretion of the judge.In the process of judicial practice,due to the fact that small claims proceedings do not focus on protecting the litigants’ litigation rights,they have long been in a dilemma where judges dare not use them and litigants are unwilling to use them.They have not achieved the desired results and have generated corresponding social benefits.The main reason why small claims proceedings are "cold" is that parties can only seek relief through retrial after the first instance is final.In the context of today’s judicial reform,the scope of application of small claims procedures has greatly expanded,and the application rate of small claims procedures has also increased year by year.Therefore,in order for this system to be recognized by parties and judges,it is necessary to reconsider the relationship between power constraints and litigation rights protection,and learn from the experience of foreign countries or regions in ensuring the litigation rights of parties through small claims procedures systems and practices.Clarify the subject status of the parties and grant them the right to choose procedures;Establish a small litigation court,strengthen legal publicity,and strengthen the welfare purpose of small litigation;Reasonably construct a relief mechanism for small claims proceedings through "objection+retrial",conditional appeals,and standardizing small claims retrial procedures;And improve relevant supporting systems through reducing the relevant costs of small claims proceedings,pre supervision procedures,and improving the implementation after adjudication,in order to break through the practical dilemma of inadequate relief mechanisms for small claims proceedings. |
