On The Perfection Of Minor Procedure In China

Since the beginning of twentieth Century, the rapid development of the social economy and the change of consciousness of the ordinary citizens have resulted in a large number of civil disputes. The courts of all countries are confronted with great judicial pressure, and the original litigation system is far from solving the contradiction of the court case. In order to promptly resolve these disputes and save limited judicial resources, many countries began to have established different from traditional proceedings jot lawsuit system, to achieve a simplified shunt.In 2012, our country has established the small lawsuit this one civil procedure system through the legislation. The system of adding undoubtedly has great significance, but it is a pity, the provisions in addition to the amount of target and trial level, of relevant supporting systems are not detailed provisions, in the judicial practice not easy to operate, and due to the local judge of the provisions of the same, leading to no unified application of law. And in our country the small claims procedure provisions in chapter of summary procedure the has become part of the summary procedure, apparently with the international prevailing approach (summary procedure and small claims procedure is parallel relationship, and not inclusion relation) deviates from. After that, our country introduced a new interpretation of the civil procedure law in 2014, further standardize the many problems in the operation of the small litigation procedure, and provide the judicial guidelines for the implementation of small litigation system in our country. But compared with other countries, there are still many problems in terms of content and practice, the theory and practice need to be further improved.In this paper, the author wants to compare the small litigation system of China and South Korea as a visual angle, trying to explore the problems in the operation of China’s small litigation procedures and improve the program. Chose Korea jot lawsuit system of comparison are mainly two aspects:on the one hand, while South Korea and China in the social system, economic development has great difference, but South Korea as a neighboring country of China, and China thousands of years of exchanges, the law culture of traditional law and I state inextricably linked in, origin is very deep. Therefore, the study of the small litigation system in Korea has a strong reference value for the improvement of China’s small litigation procedure. On the other hand, South Korea’s small claims procedure applicable rate is extremely high, more than two thirds of civil disputes through the small claims procedure dealt with, not only relieve the pressure on the court, and in a timely manner to protect the rights of citizens, greatly save litigation resources.In general, this paper aims to through the comparison of Korean small claims procedure in our country and the current small claims procedure, small claims procedure in our country perfect provide some reference opinions. At the same time, through the analysis of the Korean small claims system existing problems, run to the small claims system in China proposed cautionary advice.