Exploring And Analyzing Small Claims Procedures

As the progress of modernization in Chinese society, the socialistic market economy develops swiftly, the ideal of building a law country has come into the heart of people, the consciousness of right has enhanced gradually, the need for justice multiplies day by day. However, the civil judicial system doesn't make an active and effective respond in our country nowadays, especially being lack of relevant design of system in the aspect of dealing with the slight conflicts of citizens. Therefore, there are many questions in front of the theory and the practice, such as how to improve the proceeding efficiency, how to manage more civil conflicts under the limited judicial resource, and how to ease the weight of court, which could keep the balance between the proceeding justice and proceeding efficiency, while ensuring citizens approach the court equally. Under the process of judicial reform in the world, there is a common trend, which is chasing a simple and fast process, most of countries resolve small claims that are little and simple, by installing special small claims procedure, achieving the pluralistic design of procedure and the differentiation between complex ones and simple ones, so that different cases have different proceeding indemnity. Everyone couldn't avoid conflicts and the damage for rights in the normal life or deals nowadays, seeking the protect of small rights by long-winded proceeding design, it seems that oneself don't have enough ability, and also don't accord the request of economy, always appearing the phenomenon"late justice"or"winning the case but losing the money", which are equal of"no justice". Installing the small claims procedure is the respond of the overstock of cases and the delay of lawsuit, which has the aim of low cost and high efficiency, dealing with the small claims by simple and fast procedure, which is benefit for the right of lawsuit realizing equally and relieving the pressure of court. Consequently this research has good applied prospect. This article presents the basic theory of small claims procedure and the legislation inside and outside, analyzing the necessity and possibility of installing small claims procedure, and proposing the tentative idea of installing the suitable small claims procedure in our country.