The Studies Of Procedures Of Small Claims

In recent years, with the pace of economic growth is accelerating, the economic life of people in day-to-day disputes are becoming increasingly diversified, the ordinary monotonous and lengthy proceedings obviously is difficult to meet the needs of real life, even if the procedures are easy to wear "the hat" A simple procedure is not simplified summary. To the small claims procedure that is simple, fast and cost-effective and efficient pursuit of good, more and more are sought after by all countries in the world. The Supreme People's Court in 2009 report that: "attaches great importance to promote the work of judicial convenience. Inherit and carry forward the 'Ma xiwu means', grass-roots level to tour the trial, in situ cases, to facilitate the masses litigation, reduce the burden on the masses. The Supreme People's Court launched convenience of the 17 new measures to constantly improve the working mechanisms of justice for the people. "Small Claims and the People First of its known, simple, and reasonable procedures designed to effectively undertake this important task.In this paper, by the introduction, body and conclusions of three parts. The introduction of small claims procedures set up theoretical and practical significance to do a simple introduction; the body of the use of theoretical analysis, comparative analysis and empirical analysis of the small claims procedures are described; conclusion further pointed out that in our country there was the need for small claims procedures to set up suitable conditions. The body of this article is divided into five parts:The first part is an overview of the Small proceedings. First of all, both from the Supreme People's Court five years and outline the reform of the judicial practice of the easy introduction of the background of the establishment of small claims; then from narrow summed up the meaning of the Small proceedings; later on small claims the characteristics of the procedure; Finally put to small claims summary, the court-annexed arbitration attached to a comparative study.The second part is the small legal basis of the proceedings: including the cost of considerable principle, the principle of proportionality and the principle of access to justice equally . From the three aspects of the establishment of small claims procedures laid a legal foundation. The third part is comparative study of the proceedings between civil law and common law countries. First, the two civil law countries and regions (Japan and Taiwan of China) to do the introduction; followed by Anglo-American legal systems of both countries (the United States and the United Kingdom) to do the introduction. Two Legal typical by choosing the country and regional analysis of the system, pointing out that countries and regions in Two Legal system prevailing in some of the design problem, in order to fit below the national conditions of China set up a system to do the groundwork.The fourth part of the proceedings is small at the reality of our country visit. First, from the legislative point of view ,the current summary proceedings should not replace the small, because the existence of its own problems of a typical: "Simple procedures are not simplified"; Secondly, this article from the judicial practice of comparing some selected representative the reform of the grass-roots experiment Court: Xiamen Siming Court transferred the CD mechanism, Qingdao Shinan District Court of Small Debts Court, Luohu District, Shenzhen-speed CD Court Chamber. Through their comparative analysis of the operation in practice to draw some general questions, and then there is the need for reunification of our country set up small claims procedures, so as not to go their own way around, very arbitrary.The fifth part of the proceedings are small points at the idea to build our country. Article from the scope of application of the case, the parties select the right procedure, and the adjudicating body, trial and sentencing, restrictions on relief to the concept of procedures and assumptions, with a view of the judicial practice of our country must play a role.