Research On Small Proceedings

Small Claims Procedure is further simplified to Summary Procedure, pursuit of fast, simple, low-cost to solve disputes. Small Claims Procedure absorbs non-litigation theories based on Proceedings, changes the separation of litigation and non-litigation, makes both of them begin to merge, innovates ways to solve disputes. It has significant achievements on improvement the efficiency of judicial resources and reducing the burden of the parties. In this paper, it uses comparative method, empirical method, documentary method, etc. The paper probes the theory, practice and improvement of Small Claims Procedure. This paper is divided into four chapters. The first chapter explores the general theory of Small Claims Procedure, and introduces the concept, features and ideas of Small Claims Procedure. The second chapter is a comparative study on the development and practice of Small Claims Procedure in UK, the US and Japan. The third chapter introduces the development and practice of Small Claims Procedure in China from the legislative and practical perspectives, describes the problems during the practice. The fourth chapter analyzes the position of Small Claims Procedure in Dispute Settlement Mechanism, explains the relationship between the Small Claims Procedure and related procedures, and then puts forward proposals of perfecting Small Claims Procedure.