The Research On The Small Claims Procedure

In China, since the development of economy and society, as well as the improvement and completion within the legal system, people become more and more familiar with Chinese legality. Moreover, more people tend to choose legal procedure to claim their rights and interests when civil disputes occur, however, a large part of those disputes are not deeply controversial. Therefore, the need of low-cost and fast processing for disputes arbitration is increasing. At present, the judicial practice of China, the small civil cases are resolved through the summary. However, due to provisions in the Legislative Summary on too rigid, with unclear boundaries of the ordinary procedure, in judicial practice is not strong interoperability, it is difficult to play summary dealt with swiftly and effectively the functions of small minor disputes. Thus, the limited judicial resources to protect every citizen through a common action to achieve their rights, how to deal effectively with the community to provide judicial services such disputes, it is no easy solution to become a major issue to be treated. Faced with an increasing number of cases and the status of scarce judicial resources, as soon as possible, set up procedures for small claims civil litigation system is in need of reform. The thesis of paper is based on systematical expounding about the theory of small claims system, from the western countries the system of small claims to explore the small claims system in our country setting.