On The Small Claims Procedure In China

Small claim procedure come from the Western developed countries in the latter half of the twentieth century,it is rise of the reform of the judicial system.Small claim procedure is different in every country,,but generally speaking,all small claim procedures of those countries have the same features,such as,small scope,easy,low cost.Chinas Civil Procedure Law does not set up small claim procedures,the current summary procedure has many defects and shortcomings which are not in line with the requirements of small cases.So it is necessary for china to set up the small claim procedure.According to the actual situation of our country and the foreign legislative experience,I design the procedure in these facets:Set up a small claim procedure which has the same status with the summary procedure and the general procedure.China's small claim procedure applies to the case of which the subject is paying for money and the amount is under 5,000 RMB.But if litigants agree,the procedure allows the court use small claim procedure to trial the case of which the amount is 5000RMB--10000 RMB; We should use the center court as the specific institutions of the small claim procedure,if necessary,we can also set up some courts in the Grass-roots courts;At the micro-specific design of the proceedings,the court should have a unified format of the complaint.If litigants have no time to prepare written or oral complaint,the courts can apply to the formatted complaint for them.The small claim procedure does not force the witnesses have to take part in the trial.The witnesses can provide written testimony.They can also use phone or network to provide their testimony.Permit the litigants apply for access to new evidence or identification to the evidence,but the court should stop trial during this provide;The small claim proceedings does not allow the defendant filed the opposite prosecution in principle.But the plaintiff has the right to choose.If the plaintiff accepted the defendant filed a counterclaim,the court should accept the defendant's counterclaim; The duration of small claim procedure is 30 days.And it dose not allow litigants to appeal.But litigants can use the retrial procedure to protect their rights.