An Analysis Of Small Claims Procedure

Small claims and disputes of infringing right have been increasing gradually in our daily life, litigation, as the last defensive line to safeguard the social justice, should be liable for resolving disputes. However, with limited judicial resources, contradiction certainly exists between demands of justice and high cost of procedure every country. How to settle this conflict better and safeguard the litigant's right of "nearing to the justice equally" has been a very important problem which connected with the rule of law construction of our country on the present stage. Small claims procedure has got attention from other countries and developed quickly since 1960s because of its high efficiency, flexibility and low cost. On this ground, this paper initially probes into the basic theoretical problems on the small claims procedure in an inductive and comparative method, for example, its concept and jurisprudential basis. Through analyzing the major pattern in foreign legislation and comparing with our country's social reality, the author puts forward the thought about establishing this procedure in the current realistic surroundings in order to give some reference for the settlement of people's petty right disputes.Besides the foreword, the present paper consists of six chapters. The first part discusses fundamental a summary of the concept of small claims procedure and the establishment conditions of the small claims procedure. The second part interprets three main jurisprudential basis to establishment small claims procedure The third part analyzes and responds to the challenges to theories of this procedure. The forth part draws some conclusion about the common characteristics and regular tendency about small claims procedure through the introduction and comparison of the legislation on small claims procedure in several countries, In the fifth part, the author analyzes the necessity and the feasibility of establishing the small claims procedure, and point out some problems which can't be ignored. At the last part of the text, basing on the discussing above, make a detail blueprint of its implementation, put forward the details on how to establish small claims procedure in our state.