Small Claim Procedure

With the efficiency is the basic idea which fairly the modern judicature activity should follow, is also civil action's two great basic values. But in legal significance's efficiency refers to the judicial activity to gain the greatest degree by the smallest cost investment"the income". The efficiency value request legal procedure simple, is rapid and is flexible. Because the jot dispute the dispute amount is small, therefore the litigant usually anticipated that the country provides the low cost, the high efficiency legal procedure to defend own legitimate rights and interests, otherwise he will think that the gain does not equal the loss will give up the judicial relief."regardless of places on trial can realize the justice how perfectly, if pays the price is too expensive, then the people often can only give up through the trial realizing the just hope.""the expensive judicature exists in name only". The jot legal procedure is to meet people's lawsuit need to produce. In brief, the construction jot legal procedure is the modern judicature idea and the lawsuit value request inevitably.The civil case quantity's large scale growth as well as civil dispute's multiplication causes Our country Court the pressure to enlarge unprecedentedly. Realizes the case to diverge reasonably, raises the trial efficiency to become the judicial practice the urgent need. If depends upon present simple procedure and the ordinary procedure merely realizes the case to diverge can only cause the court to be unable to withstand the load, looking over various countries judicial reform, jot legal procedure, because the procedure is simple, the cost is low, the efficiency is high, is receiving the favor day by day. Looked from our country simple procedure's theory and the practice that the simple procedure is impossible to substitute the jot legal procedure. Although our country's simple procedure was opposite in the ordinary procedure very"simple", regarding facilitated the litigant lawsuit, to safeguard the litigant lawsuit court the right also to play the vital role, but simple procedure in processing jot lawsuit dispute time actually demonstrated"not simple". Our country's ordinary procedure and the simple procedure need to further perform to consummate, but one kind of judicial cost is low, the efficiency high jot legal procedure also needs to establish. It in the nature"is the simple procedure applet in no way, is also not the simple procedure branch program, but is and the simple procedure mutual connection, simultaneously juxtaposes the existence one kind of independent first trial procedure".As soon as jot legal procedure's establishment, causes the case to enter the court to be able numerous Jan to diverge smoothly, thus enables the massive simple small signs the volume case rapid, to obtain in groups processes well, enhanced the court to handle a case the efficiency, had a cushion process to successive years swift growth's case's processing. It simple and direct, fast, convenient is the lawsuit efficiency best manifests. Regarding the weak influence and the small benefit, the efficiency can maintain these obligee's vital interest. But the jot legal procedure's start, has happen to given a weak obligee's right very good carrier. this article first studies to the jot lawsuit's basic idea question, then pointed out that in our country civil action establishes the independent jot lawsuit system's necessity and the feasibility, the concrete question which when our country and discusses establishes jot lawsuit system should consider.