On The Construction Of The Small Claims Procedure

In the last stages of 20th century, civil judicial reform subjected as"Access to Justice" was going on in relative states. Small ClaimsProcedure was one of the most important approaches taken in this reformby many states or regions to make the court easy to use. Small ClaimsProcedure has been playing an important role in the guarantee of thelitigants' seeking judicial remedy and the improvement of proceduralefficiency. However, failing to provide an effective procedure for smallclaims that happens in daily life is also one of the main sign of the slowlierpace of the present civil procedure system of our state, which aggravatesthe delay and low efficiency of the procedure. Therefore, admitting smallclaims that happen in the citizens' daily life and establishing anindependent Small Claims Procedure is an important problem on theperfecting of the civil procedure system. Taking the amending to CivilProcedure Law of the People's Republic of China as background, thewriter uses inductive method, comparative method, and the method tointegrate theory with practice in this paper to discuss the establishing ofindependent Small Claims Procedure in our state.The Preface part, the writer introduced the background andsignificance of this writing in brief, explained the important position ofSmall Claims Procedure in the whole civil procedure system and pointedout the main line of this paper.Part I, through the search on the concept of small claims proceduredescribed in and out of our state to put forward the writer'sunderstanding about the concept of small claims procedure, and thensummarized the characters that Small Claims Procedure should have.Based on the discuss above, there is a roughly impression about SmallClaims Procedure.Part II, expounded the theory basis of Small Claims Procedure in theview of legal theory and functional value proving the feasibility andnecessity in discussing.Part III, through the introduction and comparison of the legislationon Small Claims Procedure in the USA, England, Japan and Taiwanprovince of our state to demonstrate different legislative purpose andadvantages and disadvantages among them, and to show the design andcharacter of Small Claims Procedure in reality, and then to provide somechoice and reference to establish Small Claims Procedure in our state.Part IV, through checking on the ordinary proceeding and summaryproceeding of our state and introduction about the judicial practice onprocedure for small claims, the writer pointed out the necessity toestablish independent Small Claims Procedure in our state.Part V, this is the core of this paper, basing on the discussing above,the writer put forward the details on how to establish Small ClaimsProcedure in our state.The conclusion part, summarized the main content of this paper,reasserted the necessity to establish Small Claims Procedure, and pointedout that the accordance among civil procedure is of great importance.