On The Construction Of China's Small Claims Mechanism

There exist extensively small amount of disputes in contemporary social life. For the disputes it has become an urgent need of a state with an adequate legal system whether a litigant can file a plaint at count more easily to realize his or her own rights with low cost and high efficiency. The legal procedure of law suit regulated in various parts of the world plays an active part in improving legal efficiency and popularizing judicial guarantees. Nowadays civil cases increase day by day in China. The reducing of judicial cost and the case backlog and maintaining the parties' rights have been the most important points of the judiciary reform. Contemporary reform in procedure simplification has seen establishment of the small lawsuit procedure in most western countries. The prospective a mendment of the civil procedure law in China should also include the special small lawsuit procedure. With reference to the best practice from foreign countries, the present paper inquires into the construction of the procedure covering its scope of application, jurisdiction, the right to choose procedure by parties involved, trial level and remedy.