浅论中国小额诉讼制度的完善

Abstract

Under the background of economy developing rapidly and the adjustment of the social structure, people’s legal consciousness, right consciousness gradually strengthened,more and more people choose litigation to stand up for their right ,and this makes the court to the rising number of cases ,especially civil cases.because there are more cases and less of the judicial personnel ,a large number of cases can’t be settled in a timely manner. However,this not only makes the court pressure become more and more heavy ,but also increases the cost of the parties and is not conductive to the solution of the dispute. In the face of these problems to be solved ,small claims litigation gradually comes into our field of vision. Western countries began to explore and research the small claims procedure in the early 1960s ,and obtained a certain practical effect. In August 2012 ,small claims procedure formally established in our country, but the law remains to be perfect. Although some relevant judicial explanations were issued in 2015 ,some of its inherent problem still isn’t solved. This paper analyzes the status quo of China's small lawsuit related legislation and judicial practice, analyzes its existing problems, and puts forward corresponding suggestions for improvement.