On Setting Up China's Small Claims Procedure

In the early 21st century, with the theme of "close to justice", civil judicial reform was going on in the countries all over the world. Then the Small Claims Procedure was appeared, and became one of the main approaches taken in this reform to make the court easy access. Small Claims Procedure has been playing an important role in the issues concerning improving lawsuit efficiency, reducing court burden and so on.Along with our country's judicial system reform, the quantity of lawsuits accepted by courts is increased rapidly. But actually, at the time that our current civil proceedings ensure the procedural justice, obviously, the courts are unable to handle a large number of cases increased rapidly, which leads to delay and low efficiency in our proceedings. Hence, introducing the Small Claims Procedure in our civil proceedings, and establishing an independent small claims procedure is the direction of the reform on the perfecting of the civil procedure system.The author, discusses the establishing of independent Small Claims Procedure in our state, by using inductive method, comparative analysis method and the method of integrating theory with practice in this paper.This thesis is divided into four part addition to the preface part. In the Preface part, taking a short true cases as the point cut, the writer introduced the background and writing line of this paper in brief.Part I, through elaboration of concept, characters and idea of the Small Claims Procedure in the other countries, the author puts forward her understanding about the Small Claims Procedure.Part II through the introduction and review of the legislation on Small Claims Procedure in extraterritorial areas, including USA, Japan and China Taiwan, demonstrate the legislative purpose among different countries and regions, and contrast their advantages and disadvantages, the author points out the value which can be used by our country.Part III, mainly discusses the value of establishing Small Claims procedure in theory, by analyzing the functional meanings and pratical needs respectively. Meanwhile, through expounding the insufficient of common proceedings in our state, the author points out the necessity of establishing the Small Claims Procedure. Part IV, the core of this paper, basing on the discussing above, the author provides the details on how to establish Small Claims Procedure according to China's actual conditions and the present situation of judicature.The conclusion part, summarized the main content of this paper, and especially emphasized the significance of establishing Small Claim Procedure in our country.