On the introduction of legal aid in the consensual application of small claims procedures
The small claims procedure in China aims to efficiently resolve minor monetary disputes,and alleviate the work pressure within the judicial system.However,in practice,due to its characteristic of"the first instance being the final"and the differences in litigation capabilities of the parties,the effectiveness of this system is limited,which may even hinder the full protection of some parties' rights.Particularly,according to Article 165,Paragraph(2)of the Civil Procedure Law,the issue of the low application rate is even more pronounced in cases where both parties consent to the small claims procedure.Therefore,there is an urgent need to construct implementation strategies that are integrated with the legal aid system in order to enhance the confidence and participation of the parties in opting for the small claims procedure with professional legal support,while at the same time providing a practice platform for young lawyers.The aim is to expand and deepen the application of the small claims procedure,ensure a balance between efficiency and fairness,and achieve equality of rights and effective judicial remedies.
small claims procedurelegal aid systemconsensual applicationrights protectionjudicial efficiency
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