Discussion On The Small Claims Procedure

In the international current of judicial reform, simplifying the judicial proceedings and heightening the judicial effectiveness is the common tendency of development of civil procedure in the world Small claims procedure is emphasized because it can settle issues about small interest effectively and cheaply by countries in the world With the disadvantages of traditional civil procedure and the appearance of judicial crisis which is characterized by long judicial periods and expensive litigation fees, the small claims procedure develops. Small claims is a speedy ,simple ,and easy procedure that is aimed to settle a great amount of small interest effectively and it has the function that remedy the disadvantages of the traditional civil procedure As a result ,more and more countries in the world try to establish the small claims procedure .As far as china is concerned ,there are more and more disputes about small interest with speedy development of social market economy However , civil procedure system of our country is lack of the small claims procedure .In judicial practice ,the disputes of small interest are settled by the summary civil procedure which has many drawbacks itself A lot of small claims courts were established in the judicial practice ,but they were not successful because there were not common ideas and lack of necessary basis of theory .In view of what have been referred above ,we must research carefully the small claims procedure that stem from the judicial reform in the developed countries .Therefore jn this paper ,the author advanced the suggestions of establishing small claims procedure in china.The paper is made up of four parties mainly.In the first part ,the author attempts to analyzed the basic conceptions and theories of small claims procedure .The small claims procedure is lack of a common conception and scholars in the world have different viewpoints about it .In this paper ,the author introduces a lot of conceptions that are put forward by the scholars in the world and try to define the conception from two aspects. About the theoretical bases of small claims ,the writer mainly illustrates petition right of judicial protect and the theory of corresponding fees.In the second part, the small claims procedure in some countries and districts are introduced in order to draw some conclusion about the common characteristicsand regular tendency about small claims procedure.In the third part, the author mainly researches the necessities and the advantageous factors. At present, in order to settle the disputes of small interest, the summary procedure is used Because there are difference between summary case and small claims case and summary procedure itself has a great number of drawbacks in the practice, it is necessary to establish independent small claims procedure in the judicial system .On the other hand, a plenty of advantageous factors including the political basis, judicial idea and practice experience are provided at presentIn the forth part, the author attempts to establish the small claims procedure in china. Based on the experience of some countries and districts in the world, the small claims system in china including jurisdiction, hearing department, hearing procedure and so on.