Small Claims Procedures Analysis And Reference

Small claims procedure, which has been widely adopted by many countries in resolving civil disputes, is different from general civil procedure and summary procedure. It shall guarantee the citizens' procedural rights and shall lighten the burden of courts. In Chinese justice reform, many pepole advocate that we should establish small claims procedure quickly.This thesis is divided into 4 part:Chapter one is the general interpretation of small claims procedure. It first analyzes the definition, the characteristics and the orgin background of the procudure. then, it expounds the theory basis of small claims procedure in the view of legal theory, law & economic science and functional value.Chapter two compares the legislation on small claims procedure in many countries. After discussing the applicable scope, hearing department, hearing procudure and relief system of small claims procudure, it summarizes some common characteristics and regular tendency about small claims procedure.Chapter three focuses on the necessities and the feasibilities of establishing small claims procedure in china, and responds to some critics. Then, it introduces the situation of hearing procedure reform in Chinese basic level courts, particularly the situation in People' s Court of Pudong New District. In the end of this part, it points out that in one hand, small claims procedure can give the litigants more choices and maximizes their intrests, and in the other hand, this procedure enables the country to distribute limited justice resources in reason so as to increase proceeding efficency.Chapter four discusses how to create small claims procedure in china. This part suggests that, the applicable scope of small claims procedure should be defined on the basis of the amount of action, and the kind of action should be take into account at the same time. As to the jurisdiction, besides "plantiff accommodated to defendant" and "concensual jurisdiction" in civil procedure law, "special jurisdiction" should be adopted. In addition, in selecting and transformating procedure, the litigants should have more choices. Furthermore, for the purpose of perfecting small claims procedure, we should simplify judicial procedure and evidence-investigating procedure, and implement reasonable trial grade system and relief system.