Comparative Studies On Small Claim Proceedings And Legislative Choices Of China

The costs and output while producing justice are always unavoidable topics in litigations. For the purpose of providing a kind of available litigation system for the public and making people believe in judiciary, small claim procedure develops rapidly in recent years. Litigants around the world speak highly of the procedure. What's the origin of the proceeding? What's the jurisprudential value and inner structure of it? How do the representative nations in two legal systems construct small claim proceedings? The article analyses the legislation examples of small claim proceedings in various countries such as U.K., U.S.A., Germany and Japan in the perspective of comparative law.Aiming at the conflicts between the lack of judicial resources and the rapid increase of caseload, the author makes positive review about courts' dealing with small claim cases in our country. The author also argues on the necessity of establishing small claim proceedings in China. In the article, the author makes system arrangements on the establishment and procedural safeguard of Chinese small claim proceedings.