Exploration And Analysis Of Small Lawsuit Procedure

With the development of economy,the problems on rapid increasing lawsuits, complicated and various types and high cost of lawsuits are increasingly appearing.The contradiction between judicial resources scarcity and judicial practice demands becomes to emerge.The theory and practice fields have been paying more and more attention to small lawsuit procedure,because it can improve legal efficiency ,reduce lawsuit cost,and also be advantageous to realize judicial popularization.At present, China hasn't set up a separate small lawsuit system yet,and small claims are processed using summary procedure. Small lawsuit system,which takes the advantages of low cost and high efficiency,overcomes the defects of fuzzy regulation and confused implementation of the summary procedure.Some courts have begun trying out small lawsuit procedure in order to improve the litigation efficiency and lessen the litigation exhaustion of litigants,which received obvious effects but still existed some problems such that the operation is not normative and unified. The reason is that current civil litigation law has fettered small lawsuit procedure ,and which has to be modified.It is necessary and feasible to set up a small lawsuit procedure in China because of the beneficial attempt of small lawsuit courts , the effective practice of quick adjudication and the successful experience of foreign advanced legislation.Therefore , we should strengthen study of the theory of small lawsuit procedure from the view of both justness and efficiency,investigate it with multi-perspective in aspects of application scope,jurisdiction principle,court trial and document making ,trial grade and trial term,etc,modify current civil litigation law and finally construct small lawsuit procedure of our country.