Study On Small Claims Procedure

The contradiction of the rising number of lawsuit and the limitation of justice resource causes many countries to discover the balance art, which can keep balance of fairness and efficiency. On the contrary, the traditional civil procedure whose purpose is to seek the perfect mode has some severe disadvantages when it is being used to solve disputes especially solve lots of daily disputes. This"heavy equipment"procedure which lack flexibility will refuse people who want to bring action to court. Thereby, we should set up the small claims procedure, which has"light equipment". This thesis wants to introduce and define small claims procedure. Through introducing small claims procedure law of related contraries and districts and reviewing the ongoing legislation and jurisdiction of summary procedure, the author analyzes Chinese reality conditions of setting up the small claims procedure. Based on these researches, the author puts forward some tentative plans about setting up small claims procedure in our country.The thesis has three parts including introduction text and epilog. The text has four chaptersThe introduction mentions the reasons and aims of this thesis.The first chapter detailedly introduces the origin, development, definitions and characters of small claims procedure, distinguished from summary procedure by its unique unprofessional and untechnical characters.The second chapter clarifies the theoretic history of small claims procedure. Small claims procedure aims to decrease cost and keep high efficiency, which can protect the judicial appeal right of common people. Meanwhile small claims procedure can keep up with the theory of expenditure equilibrium.The third chapter uses comparative methods to analyze related regulations about small claims procedure in America,Britain and Japan. The especial provisions of these countries can pave the way for setting up small claims procedure in our country.The fourth chapter discusses the necessity and possibility of setting up small claims procedure in our country. The ongoing summary procedure in China has some disadvantages. According to the experience of similar small claims procedure carried out by different courts in judicial practice in our country, the author explains some detailed hypothesis about material problems.Epilog summarizes importance of small claims procedure in modern society of rule by law. This part also points out some potential problems of small claims procedure, which should be considered in actual operation.