A Study On Minor Procedure In China

Small claims is a procedure that process small litigation target amount, which been developed for years in foreign countries. It provides a friendly judicial remedies to ordinary citizens, but still a new procedure in our country, there have been many problems in the application process, it not completely suits to the legal environment. This paper base on the value of small claims and judicial practice in recent years, study the subject that how to make small claims be a appropriate role in the current circumstance, so that people can access to justice, and develop the pluralist judicial procedure.At first, this paper introduces the summary view of small claims, including developing history and condition. Combined with the reports of HuaiAn GuangDong and ChongQing, the paper analyses the current state of small claims and summarizes the defect on practice, such as suitable rate, trial period, benefit group and execution. Followed by a review of value, justice and efficiency, explore the contradiction between the two different concept, research the problem that which one is the essential value, plus the effect to legal society. Then, there is a comparative research on United States, Japan, Korea and Chinese Taiwan Region, and the paper try to identify the reasons for their success on small claims. At last, this paper will make a suggestion to improve the application of small claims in our country, Put forward some feasible solutions for the exposed defects.