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The problems and suggestions of China's small claims system

  • DONG-A LAW REVIEW
  • 2020, (88), pp.81-101
  • DOI : 10.31839/DALR.2020.8.88.81
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : June 27, 2020
  • Accepted : August 11, 2020
  • Published : August 31, 2020

JINMEI-LAN 1

1연변대학교

Accredited

ABSTRACT

With the characteristics of high efficiency and low cost, small claims system quickly occupies a seat in the trial system of various countries, and is favored by judges and ordinary people. With the increase of civil cases, the burden borne by the court is increasingly heavy, which also increases the litigation cost of the parties.In order to be more effective in the case of “more cases and fewer people”, in 2012, China's civil procedure law revised to establish a new small claims system, and published the relevant judicial interpretation in 2015. However, in judicial practice, we found that there are still many problems in this system, which makes the small claims system fail to play its due role. Although the Supreme People's Court of China issued the “Measures for the pilot implementation of the reform of complicated and simplified civil procedure” division on January 15, 2020, which further improved the small claims system, the measures were only implemented in the pilot areas, the implementation results still need to be examined, and some inherent problems of the small claims system have not been solved. This paper analyzes the current situation of legislation and judicial practice of China's small claims, and puts forward some concrete suggestions on setting up independent small claims procedures, improving the subject amount, relief methods and judicial security.

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