Research On The Small Claims Procedure

With the modernized process of Chinese society, the rapid development of the socialist market economy, the idea of constructing a socialist legal state striking root in the heart of people and the stronger of people' right consciousness, people's demands of justice grow with each passing day. But, the current civil judicial system of our country has not give a positive and efficient reflection. And it's especially in a short supply of the installation in people's petty right devolvement. So, it leads the evasion of law to take place in a large scale in the society. In the appearance of evasion of law, the common people who are in weak place are easily in disadvantages position, at this time the fair of the result in the disputes settlement cannot be protected. The country cannot protect people's petty right amply and effectively. Therefore it is full of theoretical and realistic importance to study the small claims procedure. The author, on the basis of summarizing and analyzing the research in the world, makes clear of the applicable scale of small claims procedure, common procedure and summary procedure in the settlement of people's petty right. And, the author considers the theoretical basis and realistic basis of setting up small claims procedure and puts forward a series of concrete measures and opinions on how to set up small claims procedure. In the current realistic surroundings and institution surroundings. So as to give some reference for the settlement of people's petty right disputes, and protect them in a higher degree.