The Construction Of Small Claim Procedure In China

Since the enforcement of strategy of managing state affairs by law, our country's law system has always being developed alternately in way of judicial popularization and specialization. It is true that the judicial system shall serve people of commu9nity level at urban and rural areas, while standardized and highly-professional judicial procedures, as well as the elite judicial officials make legal service unavailable to ordinary citizens. Particularly, many simple disputes that are closely related to people's life and involves small amounts of legal cost and are either completely free of judicial procedure, or inappropriately classified into general judicial proceeding, thereby waste quite a lot of resources. Consequently, the contradiction between the shortage of judicial service and people's command came into being. One way to solve the problem is to set apart such cases from judicial procedure, and construct special procedures for those which are closely related to people's life and involves little legal fare, while they are difficult (or non-worthy) to be sorted into modern judicial procedure. Thus, not only it maintains the standardization and preciseness of normal judicial procedure, but also facilitate the advancement of the standardization of our lawsuit procedure On the other hand, the cases that involve little legal fare can be incorporated into the legislation procedure and handled in a relatively formal way. In other words, this kind of procedure-separation enlarges the influence of national lawsuit procedure, making it approachable to common people, and accelerating the enacting of strategy of govern the nation by law, what's more, it makes sure those small cases be solved through the standard judicial procedure in a more impartial, effective and formal way.This thesis discusses the definition, characteristics and some basic theories of small claim by induction, contrast and historical analysis, and it also analyzes the theoretical basis of independent judicial procedure for small claims and its present condition in china, formulating the concrete plan for the construction of independent small claim legislation. This thesis is mainly divided into four sections:Section 1: define the small claim cases, point out their characteristics, and make a critical review over the simple procedure and the procedure for small claim legislation. By doing so, the author hopes to give it an accurate definition and lay a theoretical foundation for the following discussion.Section2: The status quo of the enforcement of small claim legislation and enlightenment it arouses,the current condition of small claim procedure in China. By examining the best procedure for small claim cases executed in the United States, Japan, German, and Taiwan district, the author analyzes the concrete characteristics and the fulfillment in each country and finds out that our country can learn from these successful examples for the construction of independent small claim law procedure because there are so many similarities exists.Section3: The basis of constructing small claim procedure in our country. This section will discuss respectively the practical and theoretical foundation of setting up independent legal procedure for small claims,so that it will help us to lay a theoretical foundation for the concrete formulation of the procedure.Section4: The blueprint for constructing independent legal procedure for small claim lawsuits. Firstly, it includes the legislation patterns of the procedure; secondly, how to ensure the free right of selecting the appropriate legal procedure to the litigant; thirdly, the feasibility of the procedure in our country; fourthly, how to construct a supporting systems to go with the independent procedure in small claim lawsuit.