Study On The Litigation System Of Small Claim Cases

In spite of the small quantity and minor circumstances,the Small Claim Cases have a very high frequency of occurrence,thus,they are strongly expected to be solved as it concerns the qualities of the general public's daily life.Currently,the hearings of Small Claim Cases in China are generally proceeded in grass-roots courts which dispatch tribunals for summary procedures or even general procedures for the protection of people's right of property,action,and equality.As a result,the general public are able to use simple,convenient,fast,and economical court proceedings in order to solve Small Claim Cases in which they have paid out in their daily life.Moreover,people's qualities of life would be promoted.Therefore,it is necessary to set up judicial proceedings system for Small Claim Cases in addition to the summary procedures.By starting with my analysis of the judicial proceedings system for Small Claim Cases abroad,and also basing on the practical and local conditions of our country,then,taking the judicial grass-roots work into full consideration, the author,here,assume that tribunals could be dispatched from The Basic People's Court(Hereinafter referred to as "Basic Tribunals") to establish Small Claims court(Mini-Court) which are ecially adequate for small Claims procedure.Whereafter,in that Mini-Court,a judge who proceeds ecially the small claims could be appointed,and the court personnels who undertake the law-work concretely be ascertained.So, Small Claim Court with Chinese characteristics are highly expected.To my way of thinking,this idea would be helpful for significant improvement of the efficiency of judicial services.Meanwhile,the reality urgency and theoretic rationality,as well as the practical maneuverability can be easily found in this idea.Owing to the diversifying economy, multi-tier economic subject,and the multi-polarized economic activity,a diversified proceedings system has become inevitable.With a core objective of settling disputes among people,seeking for breakthroughs while carrying forward judicial traditions,reconcile conflicts in a innovative way,holding to actual effect upon the mediation of entanglemant,the Small Claim Court(Mini-Court) are certain to be an effective organization that are ecially adequate for small claims procedures.