A Comparative Study Of Small Lawsuit

In recent years, the economy has been in rapid development, but civil conflicts has beenongoing, especially small disputes of ordinary people, and there is an even more and more trendthat for the resolving disputes, the satisfaction is not high. And civil procedural reform has neverstopped. Single from solving small events of the ordinary people, the procedure has experiencedseveral leapfrog development, the civil quick judging procedure of Jiangsu and Zhejiang from the1990s to the pilot small quick judging procedure, to today’s small Claims Procedure, which hasgone through nearly two decades. In view of countermeasures of Chinese judicial status andpractice, it has effect, but problem of the little effect and the short duration has gradually revealed.This article is trying to use the problem of our small claims procedure in theory, system andpractice, discussing from five aspects and building proper court trial work mode.The introduction focused on presenting questions. A brief analysis of the current situation ofChina’s judicial is been made, drawing the justice issues our country facing, then expand to thediscourse of civil judicial procedures for the issue, especially the status of the judicial procedure ofthe grass-root court, next, focusing on in justice issues, the approach of Chinese judicial reformhas been discussed deeply step-by-step in practice and institutional level, and analyzing fromtheory to practice, thus come to the legislative and practical issues of implementation needed to bestudied in this paper.The first part is to investigate the small claims procedure in developed countries. The smallclaims procedure in the United States, Germany, Japan has been carefully studied, for theregulations in different countries, and taking the background of their legal systems intoconsideration, the different regulations have been summarized, in order to draw lessons moreconveniently in the process of building small claims procedure.The second part is the study of Chinese legislation on small claims procedure. First,discussing the legislative provisions on small claims procedure in China, then, because of beingpart of summary procedure, the difference between it and summary has been discussed. Finally,next to the previous part, another comparative analysis on small claims procedure has been madebetween our country and foreign developed countries, and thus to reflect on what we can learnfrom systems and regulations.The third part is the study of practice on small claims procedure. Several economicallydeveloped provinces in China such as Beijing, Shanghai, Zhejiang were elected, then their up todate running conditions of small claims procedure are to be studied, at the same time the similarities and differences in terms of the specific system is been conducted, combined with itsspecific background, an exploratory analysis was carried out in the regulations and system remainsto be perfect.The fourth part is trying to build a perfect small claims procedure, Respectively, it was setabout from procedural positioning, procedural operation and system guarantee three aspects, a fullrange of design was conducted for the operation of small claims procedure, meanwhile,responding to the proposed theory, institutional and practical issues proposed in the previous parts,and answering it. Certainly, for the problems need practical demonstration, this section has notignored, and I hope the future data can demonstrate the implementation.