The Path to Improving the Right to Relief in Small Claims Procedure

Abstract

With the rapid development of the economy and society, civil legal relations have also exhibited a diversified trend of development. The number of civil cases handled annually has rapidly expanded, placing considerable pressure on courts at all levels. To alleviate the pressure on courts and effectively allocate judicial litigation resources, China established a small claims procedure in 2012. However, the application rate of the small claims procedure in practice is far from the legislator's original intention. There are difficulties in its application, especially for parties seeking rights relief in the application of the small claims procedure, which requires further development and improvement. This article is divided into five chapters. The first chapter clarifies the basic concept and scope of application of the small claims procedure by comparing it with the summary procedure. The second chapter elaborates on the current status of relief in China's small claims procedure, points out the main reasons for parties to small claims to apply for retrial, and discovers that the existing problems in the application of rights relief for parties to small claims in China include the single channel for rights relief in small claims and the insufficient civil procuratorial supervision of small claims. The third chapter compares and analyzes small claims procedures outside China. Based on the summary of the previous three chapters, the fourth chapter proposes practical paths for rights relief from a practical perspective. The fifth chapter is the conclusion, summarizing the main conclusions of the article and pointing out the deficiencies and limitations of the research content.