On The Predicament And Outlet Of Small Amount Litigation Procedure In Our Country

With the acceleration of social modernization,China’s traditional "acquaintance society" is gradually disintegrating,interest subjects are becoming more diversified,and economic and social interaction is often carried out between strangers and strangers,with which a large number of economic disputes enter the court.How to resolve disputes efficiently becomes the focus of the judicial reform,so the small lawsuit arises at the historic moment.The latest Civil Procedure Law of the People’s Republic of China,which came into effect on January 1,2022,has made the fourth amendment to the law,which involves changes to the procedure of small claims,once again pushing the procedure of small claims to the top.Small litigation has been running for many years,but its poor running condition shows many difficulties,such as low application rate,large gap in application ratio,insufficient efficiency advantage and insufficient way of closing cases.The reason is that the small lawsuit is ambiguous in the legislative structure,too much dependence on the simple procedure,unscientific application conditions,lack of procedural options and other shortcomings.In addition,in judicial practice,the lack of special judicial institutions,the evaluation system is not perfect,difficult to serve,difficult to execute and so on.The existence of procedure is to serve judicial practice.If we want to realize the legislative goal of reducing the burden of petty lawsuit for the court and the judicial popularization,we should change the subordinate status of the summary procedure,construct the independent petty lawsuit procedure,and make specific provisions.Respect the subject status of the parties and grant procedural options;Setting up relief mechanisms other than retrial;In addition,professional adjudication institutions should guide judges to apply petty litigation procedures with reasonable assessment standards,and innovate service and execution measures to ensure smooth operation of petty litigation.The publicity of petty lawsuit should be increased,the judicial authority should be guaranteed by the excellent quality of judges,and a good social environment should be created for the operation of petty lawsuit.