Construction Of Small Claims Procedure

Judicial practice in China, there are a large number of small cases, but our traditionalcivil justice system can not cope with these small cases. Coupled with our courts of judicialinefficiency, high cost of the judicial status quo, so we had to find a solution on the basis oftrade-offs between the two. This article is such a head as the starting point of the small claimsprocedure. Foothold of this article correspond to the settings of the proceedings and certaintypes of disputes. In our society because the existence of large numbers of small cases, so wewant to set an independent small claims procedures. The decisive factor of the small claimsprocedure is a small case but its internal legal and diverse, such as the meet referee claims ofthe parties, especially the right of access to justice and seeking justice, the costs areconsiderable principle and from objective efficiency of the proceedings, in order to divert theproceedings to a certain extent, to speed up the handling process, resolve the plight of theproceedings to produce a large number of.In fact, with the rapid economic development, social emergence of a large number ofsmall cases. These small cases have brought to the world that have plagued the so-called"litigation explosion". Influx of large number of small cases to court, but relatively high costof the court hearing, and not be able to effectively and quickly solve these small cases. Thus,the countries of the world such as USA, UK, Germany and Japan weigh disputes and quicksolution judicial cost savings and the protection of the referee claims for small parties to thecase, the establishment of a small legal proceedings. And small claims practices of thesecountries have for many years to build the small claims procedure to have a greater revelationto our country. Consolidated small claims experience of these countries, we can clearly see allaspects of small claims procedures, such as: the legal basis of the value and significance,low-cost and high efficiency. Small claims procedures established by the Taiwan region ofChina to the mainland of China to the corresponding reference, such as small claimsprocedures applicable exception to change the principle of territorial jurisdiction.Of course, scholars from the beginning of the twentieth century began to vigorouslyintroduce small claims procedure. Because the small claims procedure can not onlycompensate for the deficiencies of our summary, you can also in line with the principle set bythe dispute types of decision-making process. Therefore, our study is more on small claims procedures. But in the small claims procedure is about to enter the time of the CivilProcedureLaw, the paper mainly on the basis of relevant literature, the small claims procedureto be certain.The innovation of this article is to evaluate the civil action to amend the draft explicitlyadvocated the principle of dispute types of decision-making process set. This article is still alot of inadequacies, such as: micro-cases of "small" or not carrying out a thoroughunderstanding referred to the small claims procedure the pilot status of is justMangrenmoxiang perception. I hope more carrying out a thorough study of the small claimsprocedures in the judicial practice in the future.Firstly, the definition of small claims procedures, the characteristics and value (meaning)an overview, followed by minor procedural system of the United States, Britain, Japan,Germany, and China’s Taiwan region, and distinguish the similarities and differences. Again,the discourse of our country to build a small claims procedure is the necessity and feasibility.Finally, the author of I National v. modify the terms of the "draft" on the small claimsprocedure requirements of, and made a number of legislative proposals.Body part of this thesis is mainly composed of the following components:First of all, succinct introduction to petty cases, and thus determine the definition ofsmall claims procedures, characteristics and value and significance;Secondly, an overview of the provisions of the U.S. states, the United Kingdom, Japan,Germany, and China’s Taiwan region for the small claims procedure, and a brief comparisonof the similarities and differences;Again, based on our micro-cases of a large number of the status quo, discusses thenecessity and feasibility of our country to build a small claims procedure;Finally, the small claims procedure regulations stipulated in the draft evaluation andraised a number of legislative proposals.