Research On The Optimization Of The Online Trial System Used In The Small Claim Suit

Until the fourth amendment of the Civil Procedure Law of the People’s Republic of China,the legislation still placed the relevant content of small claims under the summary procedure chapter,which is difficult to avoid the influence of summary procedure on the value proposition of small claims.Because of this,the relationship between small claims and summary procedure is juxtaposed or contained can easily lead to ambiguity,which makes small claims lack of independence.The reason why the reform cannot be continuously promoted is that there is a deviation in the direction of procedural development,and the reform ignores the value of welfare in the small claims,resulting in the reform process of small claims focusing on the single goal of reducing the cost of participation in litigation and improving litigation efficiency,ignoring the original legislative intention of small claims,which is to help the public approach the judiciary.As a result of this,small claims lack distinctive features to distinguish them from other procedures,and naturally cannot build an independent procedural system.At the same time,under the current situation that ordinary procedures and summary procedures in China have matured,it is difficult to achieve innovation in the setting of procedural links and litigation efficiency by relying only on the development of the system of itself.What is to say,it is difficult for small claims to highlight the procedural advantages in terms of procedural fairness and efficiency,and the overall benefits obtained by participating in this procedure are not high.All these problems have led to the loss of procedural advantages of small claims to be chosen actively by the parties,and its development is encountering reform bottlenecks.With the development of science and technology,the appearance of online litigation provides a new opportunity for the reconstruction of the procedure of small claims.The online trial of small claims on the Internet can help the parties approach justice at a lower cost than any other procedure,so that the exclusive value of welfare can be emphasized,and the reform needs of universality,convenience and efficiency can be meet.What’s more,it can expand the overall institutional advantages of small claims.In addition,the application of online trial methods in small-scale cases can accumulate valuable practical experience for the exploration and promotion of online litigation system.On the one hand,taking small-scale litigation as the starting point to integrate online trial methods can make the public more familiar with the online litigation.On the other hand,with the institutional advantages of this new trial method,the online litigation system can gradually be accepted by the public,Tracing back to the original intention of small claims procedure,this paper analyzes the judicial background of its birth abroad,compares the different legislative purposes of small claims with ordinary procedures and summary procedures,regard the value of welfare as small claims’ key value,and discusses the specific requirements for the connotation and extension of litigation procedures based on the value of welfare.Specifically,it’s how to show the value of welfare in the procedural reform of small claims.At the same time,it analyzes the positive role of online litigation in small claims and the relationship between online litigation and small claims procedure,so as to clearly define the system orientation of online trial of small claims and prove the legitimacy and necessity of system reform.Then,combining traditional ideas with judicial practice,this paper explains the key points and difficulties of the reform in the process of integration of the two systems,such as the impact on inherent litigation principles and litigation etiquette habits.Finally,in view of the above problems,this paper puts forward the expected reform path of the online trial system of small claims,and the key point of the reform path is the construction of standardized online litigation guidelines and codes to fully protect the rights of parties to obtain relief.