On The Small Claims Procedure

Small claims procedure is a procedure designed for small claims cases,it is aresponse for the lawsuits in the very great degree delay and the cases backlog. Itmakes its value clear of low cost and high efficiency, it shall guarantee theequality of citizens' procedural rights and shall lighten the burden of courts throughits simple and quick judgment of small claims cases. Procedural legislation of ourcountry has no suitable procedure to settle the small claims disputes, and summaryprocedure take the place of small claims procedure. But summary procedure is notsuitable to settle small claims cases, this leads to the lawsuits in the very greatdegree delay, the case backlog and makes a great deal of small claims drift awayfrom the law. As a result, many courts attempt hearing small claims casesthrough small claims procedure in judicial practice, and have obtained success.But the practice is different and confused, so it becomes necessary for our countryto establish small claims procedure quickly. Through deeply analyzing smallclaims procedure and studying the small claims procedure in the west and in areas andcomparing with social reality in our country, the author draws a conclusion thatour country should establish small claims procedure, and the author puts forwardthe suggestion about establishing this procedure in our country.This thesis is divided into 7 part:The forward introduces the social background and the reality in our country andthe significance to establish small claims procedure in our country.The first chapter:the concept ,the features and the process of small claimslitigation. Firstly, it establishes the concept and the features of the small claimslitigation;later, briefly introduce the process of the small claims procedure.Through this chapter, we have a general ideas of it.The second chapter:the comparison between small claims procedure andsummary procedure. We get a conclusion that small claims procedure is a uniqueprocedure and it is different from summary procedure through comparing ,and thesummary procedure can not take the place of small claims procedure.The third chapter:the basic principles of small claims procedure and theoreticanalysis about related questions. Firstly, this chapter makes clear small claimsprocedure basic principles;secondly, this part expounds authors views on somequestions about small claims procedure;and at last, we will have a clearunderstanding of the deep causes of small claims procedure.The fourth chapter:small claims procedure through comparing. This partintroduces the legislations of English, Japanese, American and Taiwanrespectively;later, get common conditions and different conditions of them, sothis part is a base on which to establish small claims procedure in our country.The fifth chapter:the reality and the suggestion of structure of small claimsprocedure. Firstly, this chapter analysis the defaults of our procedural legislationand procedural practice;and then expounds the importance of establishing smallclaims procedure in our country;at last, the author puts forward the suggestionof structure of small claims procedure.The last part points out its very important to keep pace with development of civillitigation institutions to establish small claims procedure.