Proceedings of the 2018 International Conference on Economy, Management and Entrepreneurship (ICOEME 2018)

An Economic Analysis of Difficulties in Implementing China's Small Claims Litigation System Based on Participants’ Game Strategy

Authors
Li Haixin
Corresponding Author
Li Haixin
Available Online November 2018.
DOI
10.2991/icoeme-18.2018.97How to use a DOI?
Keywords
small claims litigation; judicial reform; game theory; law and economics
Abstract

After the amendment of the China Civil Procedure Law, 2012, the small claims litigation system was originally established and introduced as a system to simplify litigation procedures, improve litigation efficiency, and facilitate people's access to justice. However, in the process of implementation, the system encountered a more obvious "difficult to implement" phenomenon, did not fully play the intended purpose of the system design. Through the discussion and analysis of the theories and methods of law and economics, especially the viewpoints and methods of game theory, it is found that there is a clear conflict between the design objectives of the system of small claims and the interests orientation of the practitioners, which constitutes a strong friction resistance to the implementation of the system. Therefore, in an ideal state, a large number of cases which are applicable to small claims litigation have been "leaked out" through legitimate channels, which to a great extent leads to the "emptiness" of the system. Therefore, we must fully face up to and respect the interest orientation and concern of the subject of the implementation of the system, abandon the unrealistic view of "compulsory application", and take effective dredging of the resistance points of the implementation of the system, strengthening the source of motive force for the implementation of the small claims litigation system, and smoothing the transmission mechanism of motive force as the principle, so as to fully improve the implicit civil litigation system. Only in this way can the mechanism of "price" reach an ideal equilibrium state of behavior and realize its original purpose.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

Volume Title
Proceedings of the 2018 International Conference on Economy, Management and Entrepreneurship (ICOEME 2018)
Series
Advances in Economics, Business and Management Research
Publication Date
November 2018
ISBN
10.2991/icoeme-18.2018.97
ISSN
2352-5428
DOI
10.2991/icoeme-18.2018.97How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Li Haixin
PY  - 2018/11
DA  - 2018/11
TI  - An Economic Analysis of Difficulties in Implementing China's Small Claims Litigation System Based on Participants’ Game Strategy
BT  - Proceedings of the 2018 International Conference on Economy, Management and Entrepreneurship (ICOEME 2018)
PB  - Atlantis Press
SP  - 294
EP  - 297
SN  - 2352-5428
UR  - https://doi.org/10.2991/icoeme-18.2018.97
DO  - 10.2991/icoeme-18.2018.97
ID  - Haixin2018/11
ER  -