A Comparative Study On The Small Claim Procedure And Legislative Choice Of China

In order to improve the efficiency of the proceedings and ease the increasingly aggravated stress because of the increasing of the lawsuit, countries in the world of contemporary establish the Small Claims System which is dedicated to the protection of the rights and interests of small in the civil justice reform. The Small Claims System simplifies its procedure so that people can get the judicial service which is specific and preprogrammed. The current legal profession of our country responses warmly to the Small Claims System and makes the procedure a variety of specific ideas to meet the needs of our country be able to quickly set up in the Small Claims System with a view to alleviate the accumulation of China's current status of the case. However, the actual operation of such procedures is restricted by the countries of the existing judicial system and judicial practice as well as the cultural background of various factors, which are utterly different. Therefore, I would like to make different views on our country eager to set up Small Claims System to alleviate the stress of litigation. And I also hope that the scholars can have a better understanding of this "import"-Small Claims Procedure and this procedure able to perform its practical effect in accordance with the rule of law in the situation of our country at this stage.Besides the introduction and the conclusion, the paper is made up of three parts mainly.In the first part, the small claims procedure in relevant countries and districts are introduced briefly. I do some comparative study to summarize the common characteristics and analyze the differences on the basis of learning the legislation of the United States, Britain, Germany, France, Japan and China's Taiwan Region. The second part summarizes the practice situation and existing problems on the basis of the introduction of legislation of the relevant countries at the first part, and addresses the drawbacks of the Small Claims System at present stage combined with the results of small-scale attempt of a number of our country in previous years.The third part comes to the conclusion that at present, it should not be too hasty to set up Small Claims System, based on the analysis of the previous argument and combined with the background of our country It is appropriate for our country to improve our existing civil simple procedures first and consider this period as a transitional stage which we can use to establish the Small Claims System. After a number of reform measures demonstrated, the overall quality of judges significantly improved, people's legal literacy enhanced and related supporting systems improved, the Small Claims System can be set up in our country. At the same time, the specific design of the civil simple procedures is also put forward.